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discussing prudential exhaustion and denying petitioner's habeas petition on that basis that petitioner did not meet the statutory requirements for citizenship
Summary of this case from Del Rio v. GreenOpinion
No. CV-14-01289-PHX-GMS
01-29-2015
Nazreth Derboghossian, Petitioner, v. Charles DeRosa, Respondent.
ORDER
Pending before the Court are Petitioner's Petition for Writ of Habeas Corpus and United States Magistrate Judge Mark E. Aspey's Report and Recommendation ("R&R"). Docs. 1, 21. The R&R recommends that the Court deny and dismiss the Petition with prejudice. Doc. 21 at 7. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. Id. at 7 (citing Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).
The parties did not file objections, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) ("[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of an objection."); Fed. R. Civ. P. 72(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to."). The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will accept the R&R and deny and dismiss the Petition with prejudice. See 28 U.S.C. § 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate"); Fed. R. Civ. P. 72(b)(3) ("The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.").
IT IS ORDERED:
1. Magistrate Judge Aspey's R&R (Doc. 21) is accepted.
2. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is denied and dismissed with prejudice.
3. The Clerk of Court shall terminate this action.
4. Because this case arises under 28 U.S.C. § 2241, no ruling on a certificate of appealability is required.
Dated this 29th day of January, 2015.
/s/_________
Honorable G. Murray Snow
United States District Judge