Opinion
No. CV05-434-PHX-DGC (BPV).
April 13, 2006
ORDER
Pending before the Court is Petitioner Richard Rivas's petition for writ of habeas corpus and United States Magistrate Judge Bernardo P. Velasco's Report and Recommendation ("RR"). Docs. ##1, 16. The RR recommends that the Court deny the petition.
The Magistrate Judge advised the parties that they had ten days to file objections to the RR and that the failure to timely file objections to any determination of the Magistrate Judge would be considered a waiver of the right to review of such determination. Id. at 16 (citing [ 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); 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 RR. 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) ("The district judge . . . shall make a de novo determination . . . of any portion of the magistrate judge's disposition to which specific written objection has been made[.]").
Because no objection has been made in this case, the Court will accept the RR 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) (same).
IT IS ORDERED:
1. Magistrate Judge Bernardo P. Velasco's RR (Doc. #16) is accepted.
2. Petitioner Richard Rivas's petition for writ of habeas corpus (Doc. #1) is denied.
3. The Clerk of Court shall terminate this action.