Opinion
No. CV-08-0251-PHX-DGC (JRI).
June 17, 2009
ORDER
Pending before the Court are Petitioner Edwin Herbert Hundsdorfer's petition for writ of habeas corpus and United States Magistrate Judge Irwin's Report and Recommendation ("R R"). Dkt. ##1, 22. The R R recommends that the Court dismiss Grounds 1 and 3 of the Petition with prejudice and deny the remainder of the petition. Dkt. #22 at 17. The Magistrate Judge advised the parties that they had ten 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. Id. at 17 (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 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 will accept the R R and dismiss with prejudice Grounds 1 and 3 of the Petition and deny the remainder of 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.").
IT IS ORDERED:
1. Magistrate Judge Irwin's R R (Dkt. #22) is accepted.
2. Grounds 1 and 3 of Petitioner Edwin Herbert Hundsdorfer's petition for writ of habeas corpus (Dkt. #1) are dismissed with prejudice. The remainder of Petitioner Edwin Herbert Hundsdorfer's petition for writ of habeas corpus (Dkt. #1) is denied.
3. The Clerk of Court shall terminate this action.