Opinion
No. CV 05-2124-PHX-JAT (LOA).
April 6, 2006
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 ("RR") (Doc. #11) recommending that the Petition be denied.
Neither party has filed objections to the RR. Accordingly, the Court hereby accepts the RR. 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).
Therefore,
IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. #11) 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.