Opinion
No. CV-08-0301-PHX-GMS (CRP).
February 11, 2009
ORDER
Pending before the Court are Petitioner's petition for writ of habeas corpus/civil rights complaint and United States Magistrate Judge Charles R. Pyle's Report and Recommendation ("R R"), and First Motion to Dismiss. (Dkt. ## 1, 22 and 23). The R R recommends that the Court dismiss the petition as moot and grant the motion to dismiss case without prejudice because Petitioner was released from confinement on a $30,000 bond. (Dkt. # 23 at p. 1). The Magistrate Judge advised the parties that they had ten days to file objections to the R R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R R. Id. at p. 3 (citing 28 U.S.C. § 636(b).
The parties did not file objections, which relieves the Court of its obligation to review the R R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) ("[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of an objection."); Fed.R.Civ.P. 72(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to."). The Court has nonetheless reviewed the R R and finds that it is welltaken. The Court will accept the R R and [deny/grant/dismiss] the Petition/complaint. See 28 U.S.C. § 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate"); Fed.R.Civ.P. 72(b)(3) ("The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.").
IT IS ORDERED:
1. Magistrate Judge Pyle's R R (Dkt. # 23) is ACCEPTED.
2. Petitioner's petition for writ of habeas corpus (Dkt. #1) is DISMISSED AS MOOT.
3. Petitioner's Motion to Dismiss Case Without Prejudice (Dkt. # 22) is GRANTED.
4. The Clerk of the Court shall terminate this action.