Opinion
No. CV08-2084 PHX-DGC (JRI).
December 3, 2009
ORDER
Pending before the Court are Petitioner Kirk Lewis' motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 and United States Magistrate Judge Jay R. Irwin's Report and Recommendation ("R R"). Dkt. ##1, 12. The R R recommends that the Court dismiss the motion with prejudice. Dkt. #12 at 10. The Magistrate Judge advised the parties that they had ten 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 11 (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 will accept the R R and dismiss the motion 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 Jay R. Irwin's R R (Dkt. #12) is accepted.
2. Petitioner Kirk Lewis' motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (Dkt. #1) is dismissed with prejudice.
3. The Clerk of Court shall terminate this action.