MILE v. RYAN, CV 12-1064-PHX-JAT. (2013)
Court: District Court, D. Arizona
Number: infdco20130703793
Visitors: 12
Filed: Jul. 01, 2013
Latest Update: Jul. 01, 2013
Summary: ORDER JAMES A. TEILBORG, Senior District Judge. Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus ("Petition") (Doc. 1). The Magistrate Judge issued a Report and Recommendation ("R&R") (Doc. 8) recommending that the Petition be denied. Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140 , 149 (1985) (finding that district courts are not required to conduct "any review at all . . . of any is
Summary: ORDER JAMES A. TEILBORG, Senior District Judge. Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus ("Petition") (Doc. 1). The Magistrate Judge issued a Report and Recommendation ("R&R") (Doc. 8) recommending that the Petition be denied. Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140 , 149 (1985) (finding that district courts are not required to conduct "any review at all . . . of any iss..
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ORDER
JAMES A. TEILBORG, Senior District Judge.
Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus ("Petition") (Doc. 1). The Magistrate Judge issued a Report and Recommendation ("R&R") (Doc. 8) recommending that the Petition be denied.
Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to conduct "any review at all . . . of any issue that is not the subject of an objection" (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) ("statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise" (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).
Based on the foregoing,
IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 8) is ACCEPTED; accordingly,
• Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is denied and dismissed with prejudice,
• in the event Petitioner files an appeal, issuance of a certificate of appealability is denied because Petitioner has not made a substantial showing of a denial of a constitutional right, and
• the Clerk of the Court shall enter judgment of dismissal with prejudice.
Source: Leagle
