MOK v. KANE

Full title: Sot Mok, Petitioner, v. Katrine Kane, Respondent

Court: United States District Court, D. Arizona

Date published: May 25, 2011

No. CV 10-1755-PHX-JAT (D. Ariz. May. 25, 2011)

Opinion

No. CV 10-1755-PHX-JAT.

May 25, 2011

ORDER

JAMES TEILBORG, District Judge

Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus ("Petition") (Doc. 1) filed pursuant to 28 U.S.C. § 2241. The Magistrate Judge issued a Report and Recommendation ("R R") (Doc. 18) recommending that the Petition be dismissed as moot.

Neither party has filed objections to the R R. Accordingly, 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).

Based on the foregoing, IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 18) is ACCEPTED; and the Clerk of the Court shall enter judgment of dismissal because Petitioner is no longer in custody.

DATED this 24^th day of May, 2011.