Martinez v. Sessions et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION re: 14 Report and Recommendation. The Petition in this case is denied and dismissed with prejudice and the Clerk shall enter judgment accordingly. Signed by Senior Judge James A Teilborg on 1/9/19. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Samuel Petrie Martinez,

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Petitioner,

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ORDER

v.

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No. CV-18-02261-PHX-JAT

Jefferson B Sessions, III, et al.,

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Respondents.

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Pending before the Court is the Report and Recommendation (“R&R”) from the

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Magistrate Judge recommending that the Petition in this case be denied. (Doc. 14). Neither

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party has filed objections to the R&R.

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The Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985)

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(finding that district courts are not required to conduct “any review at all . . . of any issue

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that is not the subject of an objection” (emphasis added)); United States v. Reyna-Tapia,

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328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“statute makes it clear that the district judge

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must review the magistrate judge’s findings and recommendations de novo if objection is

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made, but not otherwise” (emphasis in original)); see also Schmidt v. Johnstone, 263

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F.Supp.2d 1219, 1226 (D. Ariz. 2003).

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Based on the foregoing,

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IT IS ORDERED that the Report and Recommendation (Doc. 14) is accepted; the

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Petition in this case is denied and dismissed with prejudice and the Clerk of the Court shall

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enter judgment accordingly.

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Dated this 9th day of January, 2019.

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