Valencia v. Keeton ( 2021 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Antonio Valencia, et al., No. CV-20-01250-PHX-DLR 10 Petitioners, ORDER 11 v. 12 Chuck Keeton, et al., 13 Respondents. 14 15 16 Before the Court is United States Magistrate Judge James F. Metcalf’s Report and 17 Recommendation (“R&R”) (Doc. 18), which recommends that Petitioners’ petition for writ 18 of habeas corpus pursuant to 28 U.S.C. § 2241 be denied and dismissed with prejudice. 19 The Magistrate Judge advised the parties that they had fourteen days to file objections to 20 the R&R and that failure to file timely objections could be considered a waiver of the right 21 to obtain review of the R&R. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th 22 Cir. 2003). Neither party filed objections, which relieves the Court of its obligation to 23 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 24 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 25 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 26 determine de novo any part of the magistrate judge’s disposition that has been properly 27 objected to.”). “Unless this court has definite and firm conviction that the [Magistrate 28 Judge] committed a clear error of judgment, [this court] will not disturb [the] decision.” Jackson v. Bank of Hawaii, 902 F.2d 1385, 1387 (9th Cir. 1990) (citation omitted). 2 The Court has nonetheless independently reviewed the R&R and finds that it is well- || taken. The Court therefore will accept the R&R in its entirety. See 28 U.S.C. § 636(b)(1) 4|| (stating that the district court “may accept, reject, or modify, in whole or in part, the 5 || 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 7 || evidence; or return the matter to the magistrate judge with instructions.”). 8 IT IS ORDERED that Magistrate Judge Metcalf?s R&R (Doc. 18) is ACCEPTED. 9 IT IS FURTHER ORDERED that Petitioners’ petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1) is DENIED and DISMISSED WITH PREJUDICE. 12 IT IS FURTHER ORDERED that a Certificate of Appealability and leave to 13 || proceed in forma pauperis on appeal is denied. 14 IT IS FURTHER ORDERED that the Clerk of Court is directed to enter judgment 15 || and terminate the case. 16 Dated this 15th day of March, 2021. 17 18 19 {Z, 21 Ueited States Dictric Judge 22 23 24 25 26 27 28 _2-