Singh v. Keeton ( 2021 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Gagandeep Singh, No. CV-20-00945-PHX-JJT (MTM) 10 Petitioner, ORDER 11 v. 12 Chuck Keeton, et al., 13 Respondents. 14 15 At issue is the Report and Recommendation (“R&R”, Doc. 30) submitted by United 16 States Magistrate Judge Michael T. Morrissey, recommending that the Court grant 17 Respondents’ Motion to Dismiss (Doc. 27) the Amended Petition for Writ of Habeas 18 Corpus pursuant to 28 U.S.C. § 2241 (“Petition,” Doc. 5). In the R&R, Judge Morrissey 19 warned Petitioner he had 14 days from entry of the R&R to file specific written objections 20 thereto, and his failure to do so “could result in the acceptance of the Report and 21 Recommendation by the district court without further review.” (R&R at 5.) It is now well 22 past the 14 day deadline and Petitioner has filed no objections. The Court may therefore 23 accept the R&R and rule consistent with it, and it will do so. 24 Even upon a review of Respondents’ Motion to Dismiss on its merits, the Couert 25 would grant it. Judge Morrissey correctly concluded that pursuant to the Supreme Court’s 26 decision in Dep’t of Homeland Sec. v. Thuraissigiam, 140 S. Ct. 1959 (2020), this Court 27 lacks habeas jurisdiction over Petitioner’s claims. Thuraissigiam is dispositive of the 28 Petition. 1 IT IS THEREFORE ORDERED adopting in whole Judge Morrissey’s R&R in this matter. 3 IT IS FURTHER ORDERED granting Respondents’ Motion to Dismiss (Doc. 27) 4|| and dismissing the Petition for lack of jurisdiction. The Clerk of Court shall terminate this || matter. 6 Dated this 19th day of January, 2021. CN : g wefhlee— Unitgd StatesDistrict Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-