Littles v. United States of America

Filing 17

ORDER adopting 15 The Report and Recommendation. Petitioner's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 1 ) is DISMISSED. The Clerk of Court shall enter judgement accordingly and close the case file in this matter. Signed by Judge Cindy K Jorgenson on 6/13/2017. (DPS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Shane X. Littles,

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No. CV-15-00337-TUC-CKJ

Petitioner,
ORDER
v.

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United States of America,

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Respondent.

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On, May 9, 2017, Magistrate Judge Bruce G. Macdonald issued a Report and

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Recommendation (Doc. 15) in which he recommended Petitioner’s Motion to Vacate, Set

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Aside, or Correct Sentence by a Person in Federal Custody (Doc. 1) should be dismissed.

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The Report and Recommendation notified the parties they had 14 days from the date of

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the Report and Recommendation to file any objections. No objections have been filed.

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The standard of review that is applied to a magistrate judge’s report and

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recommendation is dependent upon whether a party files objections – the Court need not

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review portions of a report to which a party does not object. Thomas v. Arn, 474 U.S.

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140, 150 (1985). However, the Court must “determine de novo any part of the magistrate

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judge’s disposition that has been properly objected to. The district judge may accept,

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reject, or modify the recommended disposition; receive further evidence; or return the

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matter to the magistrate judge with instructions.” Fed.R.Civ.P. 72(b)(3); see also 28

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U.S.C. § 636(b)(1). Nonetheless, “while the statute does not require the judge to review

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an issue de novo if no objections are filed, it does not preclude further review by the

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district judge, sua sponte or at the request of a party, under a de novo or any other

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standard.” Thomas, 474 U.S. at 154.

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The Court has reviewed and considered the pending petition (Doc. 1), the response

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(Doc. 9), and the Report and Recommendation (Doc. 12). The Court agrees with the

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Magistrate Judge’s conclusion that because Petitioner has been released, the instant case

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is moot and should be dismissed.

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Accordingly, after an independent review, IT IS ORDERED:

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1. The Report and Recommendation (Doc. 15) is ADOPTED.

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2. Petitioner’s Motion to Vacate, Set Aside, or Correct Sentence by a Person in

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Federal Custody (Doc. 1) is DISMISSED.
3. The Clerk of Court shall enter judgement accordingly and close the case file in this

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matter.

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Dated this 13th day of June, 2017.

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