Opinion
CV-23-02687-PHX-SPL
07-29-2024
Zilola Ganieva, Petitioner, v. John E. Cantu, Respondent.
ORDER
HONORABLE STEVEN P. LRIGAN, UNITED STATES DISTRICT JUDGE
Petitioner Zilola Ganieva has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1). The Honorable Camille D. Bibles, United States Magistrate Judge, issued a Report and Recommendation (“R&R”) (Doc. 14), recommending that the Court dismiss the Petition as moot because Petitioner has been removed from the United States and is no longer in custody. Judge Bibles advised the parties that they had fourteen (14) 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. (Doc. 14 at 2) (citing Fed.R.Civ.P. 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).
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 adopt the R&R and deny 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.”). Accordingly, IT IS ORDERED:
1. That Magistrate Judge Camille D. Bibles's Report and Recommendation (Doc. 14) is accepted and adopted by the Court;
2. That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1) is dismissed as moot; and
3. That the Clerk of Court shall enter judgment accordingly and terminate this action.