Garcia #243523 v. Ryan, CV-16-04517-PHX-DLR. (2017)
Court: District Court, D. Arizona
Number: infdco20171221926
Filed: Dec. 20, 2017
Latest Update: Dec. 20, 2017
Summary: ORDER DOUGLAS L. RAYES , District Judge . Before the Court are Petitioner Roberto Ramirez Garcia's Petition for Writ of Habeas Corpus and United States Magistrate Judge David K. Duncan's Report and Recommendation ("R&R"). (Docs. 1, 17.) The R&R recommends that the Court deny the Petition. The Magistrate Judge advised the parties that they had fourteen 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 t
Summary: ORDER DOUGLAS L. RAYES , District Judge . Before the Court are Petitioner Roberto Ramirez Garcia's Petition for Writ of Habeas Corpus and United States Magistrate Judge David K. Duncan's Report and Recommendation ("R&R"). (Docs. 1, 17.) The R&R recommends that the Court deny the Petition. The Magistrate Judge advised the parties that they had fourteen 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 th..
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ORDER
DOUGLAS L. RAYES, District Judge.
Before the Court are Petitioner Roberto Ramirez Garcia's Petition for Writ of Habeas Corpus and United States Magistrate Judge David K. Duncan's Report and Recommendation ("R&R"). (Docs. 1, 17.) The R&R recommends that the Court deny the Petition. The Magistrate Judge advised the parties that they had fourteen 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. See Fed. R. Civ. P. 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Petitioner did not file 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); Fed. R. Civ. P. 72(b)(3). The Court nonetheless has reviewed the R&R and finds that it is well-taken. The Court will accept the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
IT IS ORDERED that Magistrate Judge Duncan's R&R (Doc. 17) is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DENIED and DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable.
IT IS FURTHER ORDERED that the Clerk of the Court shall terminate this case.
Source: Leagle