Muktar v. Gurule

Full title: Mohammed Muktar, Petitioner, v. Jon Gurule, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Date published: Jun 2, 2017

No. CV-16-04028-PHX-GMS (D. Ariz. Jun. 2, 2017)

Opinion

No. CV-16-04028-PHX-GMS

06-02-2017

Mohammed Muktar, Petitioner, v. Jon Gurule, Respondent.

Honorable G. Murray Snow United States District Judge

ORDER

Pending before the Court are Petitioner's Petition for Writ of Habeas Corpus and United States Magistrate Judge Deborah M. Fine's Report and Recommendation ("R&R"). Docs. 1, 15. The R&R recommends that the Court deny the Petition. Doc. 15 at 9. The Magistrate Judge 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. Id. at 9 (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 accept the R&R and deny 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.").

IT IS ORDERED:

1. Magistrate Judge Fine's R&R (Doc. 15) is ACCEPTED.

2. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DENIED.

3. The Clerk of Court shall TERMINATE this action and enter judgment accordingly.

4. Because this case arises under 28 U.S.C. § 2241, no ruling on a certificate of appealability is required.

Dated this 2nd day of June, 2017.

/s/_________

Honorable G. Murray Snow

United States District Judge