Opinion
No. CV-04-2785 PHX DGC (JI).
November 22, 2006
ORDER
Pending before the Court are Petitioner Jon Von Holten's amended petition for writ of habeas corpus and United States Magistrate Judge Jay R. Irwin's Report and Recommendation ("RR"). Dkt. ##10, 23. The RR recommends that the Court dismiss with prejudice Grounds One, Two, Four, Five and Seven and deny Grounds Three and Six of the amended petition. Dkt. #23 at 33. The Magistrate Judge advised the parties that they had ten days to file objections to the RR and that failure to file timely objections could be considered a waiver of the right to obtain review of the RR. Id. at 33 (citing 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[.]"). The Court will accept the RR and dismiss the amended 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 Jay R. Irwin's RR (Dkt. #23) is accepted.
2. Petitioner Jon Von Holten's amended petition for writ of habeas corpus (Dkt. #10) is dismissed.
3. The Clerk of Court shall terminate this action.