Opinion
No. CV-16-01837-PHX-JAT
10-28-2016
Tahiru Bashir, Petitioner, v. Michael Donahue, et al., Respondents.
ORDER
Pending before this Court is Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241. The Magistrate Judge to whom this case was assigned issued a Report and Recommendation ("R&R"), recommending that the Petition be denied. (Doc. 18). Neither party has filed objections to the R&R.
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).
Therefore,
IT IS ORDERED that the R&R (Doc. 18) is accepted and adopted. The Petition is denied and dismissed without prejudice and the Clerk of the Court shall enter judgment accordingly.
No certificate of appealability is required. See Forde v. U.S. Parole Comm'n, 114 F.3d 878, 879 (9th Cir. 1997). --------
Dated this 28th day of October, 2016.
/s/_________
James A. Teilborg
Senior United States District Judge