United States District Court, D. Arizona
STEVEN P. LOGAN, District Judge.
Before the Court is Petitioner Arjan Singh's unopposed Motion to Dismiss (Doc. 17) his Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody (Doc. 1).
The Honorable Bridget S. Bade, United States Magistrate Judge, issued a Report and Recommendation ("R&R") (Doc. 22), recommending that the motion to dismiss be granted. Judge Bade advised the parties that they had fourteen (14) 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. (Doc. 13 at 9-10) (citing 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 6, 72; 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 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 adopt the R&R, grant the motion, and thereby dismiss 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)(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."). Accordingly,
IT IS ORDERED:
1. That Magistrate Judge Bade's Report and Recommendation (Doc. 22) is accepted and adopted by the Court;
2. That the reference to the Magistrate Judge is withdrawn as to Petitioner's Motion to Dismiss (Doc. 17) and the motion is granted;
3. That the Petition for Writ of Habeas Corpus (Doc. 1) ...