DUARTE v. BLAIR

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).

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.