Opinion
No. CV-07-0711-PHX-GMS.
November 17, 2009
ORDER
Pending before the Court are Petitioner's Petition for Writ of Habeas Corpus and United States Magistrate Judge Ferraro's Report and Recommendation ("R R"). Dkt. ## 1, 25. The R R recommends that the Court dismiss the Petition. Dkt. # 25 at 13. 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 14 (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 well-taken. The Court will accept the R R and dismiss the Petition. 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 Ferraro's R R (Dkt. # 25) is ACCEPTED.
2. Petitioner's Petition for Writ of Habeas Corpus (Dkt. # 1) is DISMISSED.
3. The Clerk of Court shall TERMINATE this action.