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Jesus Duarte, Petitioner, v. Warden Lane Blair; and the Attorney General of the State of Arizona, Respondents.

ORDER

DAVID CAMPBELL, District Judge

Pending before the Court are Petitioner Jesus Duarte's petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 and United States Magistrate Judge Lawrence Anderson's report and recommendation ("R R") filed on February 22, 2007. Dkt. ##1, 20. The R R recommends that the Court deny the petition as untimely. Dkt. #20 at 10. The Magistrate Judge advised the parties that they had ten 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. Id. at 11 (citing 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)).

The parties have not filed 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) ("The district judge . . . shall make a de novo determination . . . of any portion of the magistrate judge's disposition to which specific written objection has been made[.]"). The Court will accept the R R and deny the petition. See 28 U.S.C. § 636(b)(1) (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) (same).

IT IS ORDERED:

1. Magistrate Judge Lawrence Anderson's report and recommendation (Dkt. #20) is accepted.

2. Petitioner Jesus Duarte's petition for writ of habeas corpus (Dkt. #1) is denied.

3. The Clerk shall terminate this action.

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DUARTE v. BLAIR
(Apr 2, 2007)