Opinion
No. CV 08-1708-PHX-JAT.
January 6, 2009
ORDER
Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus ("Petition") (Doc. #1). The Magistrate Judge issued a Report and Recommendation ("R R") (Doc. #13) recommending that the Petition be denied as moot.
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" (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).
Accordingly,
IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. #13) is ACCEPTED; IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Doc. #1) is DENIED AS MOOT; and
IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE.