Opinion
CV-23-00839-PHX-MTL
01-08-2024
Jeffrey Alan Jordan, Petitioner, v. RA Heisner, Respondent.
ORDER
Michael T. Liburdi United States District Judge
Before the Court is the Report and Recommendation of Magistrate Judge Camille D. Bibles (“R & R”) (Doc. 12) recommending that the Petition for Writ of Habeas Corpus (Doc. 1) be denied. The R&R also explained that “the parties shall have fourteen (14) days from the date of service of a copy of this [R&R] within which to file specific written objections with the Court” and that “[f]ailure to timely file objections to any factual or legal determinations of the Magistrate Judge will be considered a waiver of a party's right to de novo appellate consideration of the issues.” (Doc. 12 at 7.)
Petitioner has not filed any objections to the R & R. The deadline to do so passed long after the fourteen days following service of the R & R, which was mailed to Petitioner on November 8, 2023, and again on December 7, 2023.
In reviewing an R & R, the Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). “[T]he district judge must review the magistrate judge's finding and recommendations de novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); see Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that the District Court need not conduct “any review at all . . . of any issue that is not the subject of an objection”). No objections having been received, the Court will accept and adopt the R & R in its entirety.
Accordingly, IT IS ORDERED that the Report and Recommendation (Doc. 12) is accepted with modifications.
IT IS FURTHER ORDERED that the Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 10) is granted and that the Petition for Writ of Habeas Corpus (Doc. 1) is denied.
IT IS FURTHER ORDERED that this action be dismissed.
IT IS FINALLY ORDERED that the Clerk of Court must close this action.