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McAllister v. Ryan

United States District Court, D. Arizona

July 22, 2014

Jonathan McAllister, Sr., Petitioner,
v.
Charles L. Ryan, et al., Respondents.

ORDER

JAMES A. TEILBORG, District Judge.

On June 18, 2014, Magistrate Judge Aspey issued a Report and Recommendation recommending that this case should be dismissed without prejudice. Doc. 23.

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. 23) is ACCEPTED; accordingly,

• Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is dismissed without prejudice,
• in the event Petitioner files an appeal, issuance of a certificate of appealability is denied, and
• the Clerk of the Court shall enter judgment of dismissal without prejudice.

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