Opinion
CV-22-01194-PHX-SPL
08-01-2023
Joshua Cheyenne Gilliland, Petitioner, v. David Shinn, et al., Respondents.
ORDER
Honorable Steven P. Logan United States District Judge
Petitioner Joshua Cheyenne Gilliland has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1). The Honorable James F. Metcalf, United States Magistrate Judge, issued a Report and Recommendation (“R&R”) (Doc. 17), recommending that the Court dismiss the Petition without prejudice. Judge Metcalf advised the parties that they had fourteen (14) 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. (Doc. 17 at 4) (citing Fed.R.Civ.P. 72; 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 adopt the R&R and dismiss the Petition. 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.”). Accordingly, IT IS ORDERED:
1. That Magistrate Judge James F. Metcalf's Report and Recommendation (Doc. 17) is accepted and adopted by the Court;
2. That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) is dismissed without prejudice;
3. That a certificate of appealability is denied; and
4. That the Clerk of Court shall terminate this action and enter judgment accordingly.