Opinion
No. CV 11-0924-PHX-JAT
03-26-2012
Mohamad Ruhul Amid, Petitioner, v. Katrina Kane, et al., Respondents.
ORDER
Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241. At the time he filed his Petition (May 9, 2011), Petitioner was in immigration detention awaiting removal. On February 15, 2012, the Magistrate Judge issued a Report and Recommendation ("R&R") (Doc. 20) recommending that the Petition be denied as moot because Petitioner is no longer in immigration detention.
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).
Based on the foregoing,
IT IS ORDERED that the Report and Recommendation (Doc. 20) is ACCEPTED;
Petitioner's Petition for Writ of Habeas Corpus is denied and dismissed, without prejudice, and the Clerk of the Court shall enter judgment accordingly.
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James A. Teilborg
United States District Judge