Larsgard v. Williams

6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA John Kr istoffer Larsgard, ) No. CV-20-01583-PHX-SPL (JFM) ) ) 10 Petitioner, ) ORDER vs. ) ) ) Jessie Williams, III, et al., ) ) 13 Respondents. ) ) 14 ) 15 Petitioner John Kristoffer Larsgard has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1). The Honorable James F. Metcalf, United States Magistrate Judge, issued a Report and Recommendation (“R&R”) (Doc. 67), recommending that the Court dismiss the Petition. Judge Metcalf 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.

21 67 at 5) (citing Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); Robbins v. Carey, 481 F.3d 1143, 1146-47 (9th Cir. 2007)).

23 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 and dismiss the Petition. See 28 U.S.C. § 636(b)(1) 2| (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 4) district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.”). Accordingly, 6 IT IS ORDERED: 7 1, That Magistrate Judge Metcalf’s Report and Recommendation (Doc. 67) is | accepted and adopted by the Court; 9 2. That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 | (Doc. 1) is denied and dismissed without prejudice; and 11 3. That the Clerk of Court shall terminate this action.

12 Dated this 16th day of December, 2021.

15 United States District Judge