Cruz v. Attorney General of the State of Arizona

Filing 18

ORDER ACCEPTING REPORT AND RECOMMENDATIONS 17 . The petition for writ of habeas corpus 1 is denied. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 4/29/10. (LAD)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Freddie Cruz,

) ) ) Petitioner, ) ) v. ) Ivian Bartous, Warden, Arizona Attorney ) ) General, ) ) Respondents. )

No. CV07-0527-PHX-DGC (CRP) ORDER

Petitioner Freddie Cruz has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Dkt. #1. United States Magistrate Judge Charles R. Pyle has issued a report and recommendation ("R&R") recommending that the petition be denied. Dkt. #17. 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. 2. 3. The R&R (Dkt. #17) is accepted. The petition for writ of habeas corpus (Dkt. #1) is denied. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied

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4.

The Clerk is directed to terminate this action.

DATED this 29th day of April, 2010.

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