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HANDSOME v. GRABER, CV 13-1711-PHX-JAT. (2014)

Court: District Court, D. Arizona Number: infdco20140724871 Visitors: 14
Filed: Jul. 22, 2014
Latest Update: Jul. 22, 2014
Summary: ORDER JAMES A. TEILBORG, District Judge. Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus filed under 28 U.S.C. 2241. The Magistrate Judge issued a Report and Recommendation ("R&R") (Doc. 12) recommending that this Court deny the Petition. Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140 , 149 (1985) (finding that district courts are not required to conduct "any review at all ... of a
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ORDER

JAMES A. TEILBORG, District Judge.

Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus filed under 28 U.S.C. § 2241. The Magistrate Judge issued a Report and Recommendation ("R&R") (Doc. 12) recommending that this Court deny the Petition.

Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to conduct "any review at all ... of any issue that is not the subject of an objection" (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) ("statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise" (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).

Accordingly,

IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 12) is ACCEPTED and ADOPTED;

IT IS FURTHER ORDERED that the Petition (Doc. 1) is DENIED WITH PREJUDICE; and the Clerk of the Court shall enter judgment accordingly.

Source:  Leagle

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