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CAIN v. RYAN, CV13-2011 PHX DGC (JFM). (2014)

Court: District Court, D. Arizona Number: infdco20140514a11 Visitors: 25
Filed: May 12, 2014
Latest Update: May 12, 2014
Summary: ORDER DAVID G. CAMPBELL, District Judge. Petitioner Darnell Cain has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Doc. 1. United States Magistrate James F. Metcalf has issued a report and recommendation ("R&R") recommending that the petition be denied and dismissed with prejudice. Doc. 12. No objection has been filed, which relieves the Court of its obligation to review the R&R. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140 ,
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ORDER

DAVID G. CAMPBELL, District Judge.

Petitioner Darnell Cain has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Doc. 1. United States Magistrate James F. Metcalf has issued a report and recommendation ("R&R") recommending that the petition be denied and dismissed with prejudice. Doc. 12. No objection has been filed, which relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and deny the petition.

IT IS ORDERED:

1. The R&R (Doc. 12) is accepted.

2. The petition for writ of habeas corpus (Doc. 1) is denied and dismissed with prejudice.

3. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied

4. The Clerk is directed to terminate this action.

Source:  Leagle

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