Opinion
No. CV 04-2514-PHX-JAT.
November 10, 2005
ORDER
Pending before the Court is the Petition for Writ of Habeas Corpus filed by Petitioner, Eric John Lanzieri. On September 13, 2005, the Magistrate Judge issued a Report and Recommendation which recommends that the Petition in this case be denied (Doc. #12). No objections to the Report and Recommendation have been filed.
Petitioner's last name in the docket of this case is listed as Lanzier.
This 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). It is "clear that the district judge must review the magistrate judge's findings 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); Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1126 (D.Ariz. 2003) ("Following Reyna-Tapia, this Court concludes that de novo review of factual and legal issues is required if objections are made, `but not otherwise.'"). District courts are not required to conduct "any review at all . . . of any issue that is not the subject of an objection." Thomas v. Arn, 474 U.S. 140, 149 (1985) (emphasis added); see also 28 U.S.C. § 636(b)(1) ("the court shall make a de novo determination of those portions of the [report and recommendation] to which objection is made.").
No objections having been made,
IT IS ORDERED that the Report and Recommendation (Doc. #12) is accepted and adopted, the Petition in this case is denied, with prejudice, and the Clerk of the Court shall enter judgment accordingly.