Elanfassi v. Kelly

Filing 13

ORDER: IT IS ORDERED that the R&R 10 is accepted. IT IS FURTHER ORDERED that the Petition in this case is dismissed, without prejudice, as moot and the Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge James A Teilborg on 5/22/2018. (REK)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Mohamed Taha Elanfassi, Petitioner, 10 11 ORDER v. 12 No. CV-18-00097-PHX-JAT John F Kelly, et al., 13 Respondents. 14 15 Pending before the Court is the Report and Recommendation (“R&R”) of the 16 Magistrate Judge recommending that this case be dismissed, without prejudice, as moot. 17 (Doc. 10). No party has filed objections to the R&R. 18 Because no party has filed objections, the Court hereby accepts the R&R. See 19 Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to 20 conduct “any review at all . . . of any issue that is not the subject of an objection”; United 21 States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“statute makes it 22 clear that the district judge must review the magistrate judge’s findings and 23 recommendations de novo if objection is made, but not otherwise” (emphasis in 24 original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003). 25 Therefore, 26 IT IS ORDERED that the R&R (Doc. 10) is accepted; 27 /// 28 /// 1 2 3 IT IS FURTHER ORDERED that the Petition in this case is dismissed, without prejudice, as moot and the Clerk of the Court shall enter judgment accordingly. Dated this 22nd day of May, 2018. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?