Ahmad v. Kane

Filing 11

ORDER - Magistrate Judge Duncan's R&R (Doc. 9) is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DENIED AS MOOT. The Clerk of Court shall terminate this action. The docket shall reflect that the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rules of Appellate Procedure 24(a)(3)(A), that any appeal of this decision would not be taken in good faith. Signed by Judge G Murray Snow on 6/30/2011. (KMG)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Noor Ahmad, Petitioner, 10 11 vs. 12 Katrina Kane, 13 Respondent. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 11-0084-PHX-GMS (DKD) ORDER 15 16 Pending before the Court are Petitioner’s Petition for Writ of Habeas Corpus and 17 United States Magistrate Judge David K. Duncan’s Report and Recommendation (“R&R”). 18 Docs. 1, 9. The R&R recommends that the Court deny as moot the Petition. Doc. 9 at 1. 19 The Magistrate Judge advised the parties that they had ten days to file objections to the R&R 20 and that failure to file timely objections could be considered a waiver of the right to obtain 21 review of the R&R. Id. at 1-2, (citing 28 U.S.C. § 636(b)(1); Rules 72, 6(a), 6(b), Federal 22 Rules of Civil Procedure; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 23 2003)). 24 25 the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) 26 (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the 27 subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de 28 TERMPSREF The parties did not file objections, which relieves the Court of its obligation to review novo any part of the magistrate judge’s disposition that has been properly objected to.”). The 1 Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will 2 accept the R&R and deny the Petition as moot. See 28 U.S.C. § 636(b)(1) (stating that the 3 district court “may accept, reject, or modify, in whole or in part, the findings or 4 recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may 5 accept, reject, or modify the recommended disposition; receive further evidence; or return 6 the matter to the magistrate judge with instructions.”). 7 IT IS ORDERED: 8 1. Magistrate Judge Duncan’s R&R (Doc. 9) is ACCEPTED. 9 2. Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is DENIED AS 10 MOOT. 11 3. The Clerk of Court shall terminate this action. 12 4. The docket shall reflect that the Court certifies, pursuant to 28 U.S.C. 13 § 1915(a)(3) and Federal Rules of Appellate Procedure 24(a)(3)(A), that any appeal of this 14 decision would not be taken in good faith. 15 DATED this 30th day of June, 2011. 16 17 18 19 20 21 22 23 24 25 26 27 28 TERMPSREF -2-

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