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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
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ORDER

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

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