Opinion
No. CV-17-01487-PHX-DLR
10-23-2017
William Wakasiaka, Petitioner, v. Enrique M Lucero, Respondent.
ORDER
Before the Court are Petitioner William Wakasiaka's Petition for Writ of Habeas Corpus and United States Magistrate Judge David K. Duncan's Report and Recommendation ("R&R"). (Docs. 1, 12.) The R&R recommends that the Court dismiss the Petition as moot. The Magistrate Judge advised the parties that they had fourteen 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. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Petitioner 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 accept the R&R and dismiss the Petition as moot. 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.").
IT IS ORDERED that Magistrate Judge Duncan's R&R (Doc. 12) is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED as moot. The Clerk of the Court shall terminate this case.
Dated this 23rd day of October, 2017.
/s/_________
Douglas L. Rayes
United States District Judge