Littles v. United States of America
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Shane X. Littles,
United States of America,
On, May 9, 2017, Magistrate Judge Bruce G. Macdonald issued a Report and
Recommendation (Doc. 15) in which he recommended Petitioner’s Motion to Vacate, Set
Aside, or Correct Sentence by a Person in Federal Custody (Doc. 1) should be dismissed.
The Report and Recommendation notified the parties they had 14 days from the date of
the Report and Recommendation to file any objections. No objections have been filed.
The standard of review that is applied to a magistrate judge’s report and
recommendation is dependent upon whether a party files objections – the Court need not
review portions of a report to which a party does not object. Thomas v. Arn, 474 U.S.
140, 150 (1985). However, the Court must “determine de novo any part of the magistrate
judge’s disposition that has been properly objected to. The district judge may accept,
reject, or modify the recommended disposition; receive further evidence; or return the
matter to the magistrate judge with instructions.” Fed.R.Civ.P. 72(b)(3); see also 28
U.S.C. § 636(b)(1). Nonetheless, “while the statute does not require the judge to review
an issue de novo if no objections are filed, it does not preclude further review by the
district judge, sua sponte or at the request of a party, under a de novo or any other
standard.” Thomas, 474 U.S. at 154.
The Court has reviewed and considered the pending petition (Doc. 1), the response
(Doc. 9), and the Report and Recommendation (Doc. 12). The Court agrees with the
Magistrate Judge’s conclusion that because Petitioner has been released, the instant case
is moot and should be dismissed.
Accordingly, after an independent review, IT IS ORDERED:
1. The Report and Recommendation (Doc. 15) is ADOPTED.
2. Petitioner’s Motion to Vacate, Set Aside, or Correct Sentence by a Person in
Federal Custody (Doc. 1) is DISMISSED.
3. The Clerk of Court shall enter judgement accordingly and close the case file in this
Dated this 13th day of June, 2017.
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