Larsgard v. Williams ( 2021 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 John Kr istoffer Larsgard, ) No. CV-20-01583-PHX-SPL (JFM) ) 9 ) 10 Petitioner, ) ORDER vs. ) ) 11 ) Jessie Williams, III, et al., ) 12 ) 13 Respondents. ) ) 14 ) 15 Petitioner John Kristoffer Larsgard has filed a Petition for Writ of Habeas Corpus 16 pursuant to 28 U.S.C. § 2241 (Doc. 1). The Honorable James F. Metcalf, United States 17 Magistrate Judge, issued a Report and Recommendation (“R&R”) (Doc. 67), 18 recommending that the Court dismiss the Petition. Judge Metcalf advised the parties that 19 they had fourteen (14) days to file objections to the R&R and that failure to file timely 20 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 22 (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 24 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 25 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 26 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 27 determine de novo any part of the magistrate judge’s disposition that has been properly 28 objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well- 1 | 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 8 | accepted and adopted by the Court; 9 2. That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 10 | (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. 13 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28