Sandhoff #094839 v. Shinn et al

Filing 18

ORDER: IT IS ORDERED: 1. That Magistrate Judge Michael T. Morrissey's Report and Recommendation (Doc. 15 ) is accepted and adopted by the Court; 2. That the Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 7 ) is dismissed for lack of jurisdiction; 3. That a certificate of appealability and leave to proceed in forma pauperis on appeal are denied; and 4. That the Clerk of Court shall terminate this action. (See Order for full details.) Signed by Judge Steven P Logan on 1/8/21. (SST)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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David William Sandhoff,

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Petitioner,
vs.

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David Shinn, et al.,
Respondents.

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No. CV-20-08058-PCT-SPL
ORDER

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Petitioner David William Sandhoff has filed an Amended Petition for Writ of

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Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 7). The Honorable Michael T.

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Morrissey, United States Magistrate Judge, issued a Report and Recommendation (“R&R”)

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(Doc. 15), recommending that the Court dismiss the Petition for lack of jurisdiction. Judge

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Morrissey advised the parties that they had fourteen (14) days to file objections to the R&R

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and that failure to file timely objections could be considered a waiver of the right to obtain

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review of the R&R. (Doc. 15 at 6) (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72;

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United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).

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The parties did not file objections, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-taken.

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The Court will adopt the R&R and dismiss the Petition. See 28 U.S.C. § 636(b)(1) (stating

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that the district court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge

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may accept, reject, or modify the recommended disposition; receive further evidence; or

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return the matter to the magistrate judge with instructions.”). Accordingly,

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IT IS ORDERED:

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1.

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That Magistrate Judge Michael T. Morrissey’s Report and Recommendation

(Doc. 15) is accepted and adopted by the Court;
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That the Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C.

§ 2254 (Doc. 7) is dismissed for lack of jurisdiction;
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That a certificate of appealability and leave to proceed in forma pauperis on

appeal are denied; and

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4.

That the Clerk of Court shall terminate this action.

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Dated this 8th day of January, 2021.

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Honorable Steven P. Logan
United States District Judge

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