Crowell v. Arizona Attorney Gen, et al

Filing 67

ORDER - IT IS THEREFORE ORDERED that 66 Report and Recommendation of Magistrate Judge Anderson is accepted. FURTHER ORDERED that Petitioner's Amended Petition for Writ of Habeas Corpus filed pursuant to 28 USC 2254 (dkt #9) is denied and dismissed with prejudice. The clerk is directed to enter judgment accordingly and terminate this case. Signed by Judge Neil V Wake on 12/14/06. (SAT)

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Crowell v. Arizona Attorney Gen, et al Doc. 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. Joel Knowles, et al., Respondents. Gary Ray Crowell, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) No. CV 97-00913 PHX NVW (LOA) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Pending before the court is the Report and Recommendation ("R&R") of Magistrate Judge Lawrence O. Anderson (doc. # 66) regarding petitioner's Amended Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. 2254 (doc. # 9). The R&R recommends that the Amended Petition be denied. The magistrate judge advised the parties that they had ten days to file written objections. (R&R at 31 (citing 28 U.S.C. 636(b)(1); Rules 72, 6(a), 6(e), Federal Rules of Civil Procedure)). The parties did not file objections, which relieves the court of its obligation to review any of the magistrate judge's determinations in the R&R. See 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); 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."). The court has nonetheless reviewed the R&R and finds that it is well taken. The court will accept the R&R and deny the Amended Petition. See 28 U.S.C. 636(b)(1) (stating that the district court Case 2:97-cv-00913-NVW Document 67 Filed 12/18/2006 Page 1 of 2 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate"). IT IS THEREFORE ORDERED that Report and Recommendation of Magistrate Judge Anderson (doc. # 66) is accepted. IT IS FURTHER ORDERED that Petitioner's Amended Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. 2254 (doc. # 9) is denied and dismissed with prejudice. The clerk is directed to enter judgment accordingly and terminate this case. DATED this 14th day of December 2006. -2- Case 2:97-cv-00913-NVW Document 67 Filed 12/18/2006 Page 2 of 2

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