ALIA v. CCA

Full title: Murad Abu Alia, Petitioner, v. Warden CCA, et al., Respondent

Court: United States District Court, D. Arizona

Date published: Jul 18, 2006

No. CV 06-0569-PHX-JAT (D. Ariz. Jul. 18, 2006)

Opinion

No. CV 06-0569-PHX-JAT.

July 18, 2006

ORDER

JAMES TEILBORG, District Judge

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. #18) recommending that the Petition be dismissed without prejudice for failure to prosecute.

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. #18) is ACCEPTED;

IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Doc. #1) is DISMISSED WITHOUT PREJUDICE for failure to prosecute, and the Clerk of the Court shall enter judgment accordingly.