Opinion
No. CV 11-440-PHX-JAT.
September 1, 2011
ORDER
Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus ("Petition") (Doc. 1). The Magistrate Judge to whom this case was referred issued a Report and Recommendation ("R R") (Doc. 10) recommending that the Petition be denied as moot because Petitioner has been removed from the United States.
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"); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).
Based on the foregoing,
IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 10) is accepted as follows: Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is denied as moot and the Clerk of the Court shall enter judgment accordingly.
The Court need not issue a certificate of appealability because the Petition in this case was filed pursuant to 28 U.S.C. § 2241. See Forde v. U.S. Parole Comm'n, 114 F.3d 878, 879 (9th Cir. 1997).