McCabe v. USA

Filing 43

ORDER accepting Report and Recommendations 42 . IT IS FURTHER ORDERED that the motion to lift the stay (Doc. 41 ) is denied. IT IS FURTHER ORDERED that, within 14 days of each of the decisions in Walker v. United States, United States v. Orona and United States v. Begay, the parties shall file a joint status report. The third such status report must move to lift the stay. See attached order for additional information. Signed by Senior Judge James A. Teilborg on 3/25/2020. (RMW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Harry McCabe, Sr.,
Petitioner,

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United States of America,

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ORDER

v.

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No. CV-16-08131-PCT-JAT (ESW)

Respondent.

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Pending before the Court is Petitioner’s motion to lift the stay in this case. (Doc.

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41). Magistrate Judge Willett issue a Report and Recommendation (“R&R”)

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recommending that the motion to lift the stay be denied. (Doc. 42). Specifically, the R&R

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recommends that the stay be kept in place until three cases are decided: Walker v. United

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States, United States v. Orona and United States v. Begay. (Id. at 5). Neither party has

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filed objections to the R&R.

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This Court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). It is “clear that

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the district judge must review the magistrate judge’s findings and recommendations de

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novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d

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1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); Schmidt v. Johnstone, 263

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F.Supp.2d 1219, 1226 (D. Ariz. 2003) (“Following Reyna-Tapia, this Court concludes that

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de novo review of factual and legal issues is required if objections are made, ‘but not

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otherwise.’”).

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Because there are no objections, the Court will accept the R&R. Accordingly,

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IT IS ORDERED that the R&R (Doc. 42) is accepted.

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IT IS FURTHER ORDERED that the motion to lift the stay (Doc. 41) is denied.

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IT IS FURTHER ORDERED that, within 14 days of each of the decisions in

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Walker v. United States, United States v. Orona and United States v. Begay, the parties

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shall file a joint status report. The third such status report must move to lift the stay. This

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order is without prejudice to either party moving to lift the stay, if appropriate, before all

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three of the foregoing cases are decided.

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Dated this 25th day of March, 2020.

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