Opinion
No. CV-15-00716-PHX-DLR
05-06-2016
Martin Edward Hussak, Petitioner, v. Charles L Ryan, et al., Respondents.
ORDER
Pending before the Court are Petitioner Martin Hussak's Petition for Writ of Habeas Corpus and Magistrate Judge John Boyle's Report and Recommendation ("R&R"). (Docs. 1, 21.) The R&R recommends that the Court deny the Petition. (Doc. 21 at 15.) 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. (Id. at 16 (citing Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).
Neither party filed 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 agrees with Magistrate Judge Boyle's recommendations. The Court will accept the R&R and deny 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 that Magistrate Judge Boyle's R&R (Doc. 21) is ACCEPTED, Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED, a Certificate of Appealability is DENIED, and Petitioner may not proceed in forma pauperis on appeal. The Clerk shall terminate this action.
Dated this 6th day of May, 2016.
/s/_________
Douglas L. Rayes
United States District Judge