Totherrow v. Schriro et al

Filing 61

ORDER ADOPTING REPORT AND RECOMMENDATIONS 60 ; denying 56 Plaintiff's Motion for Leave to File an Amended Complaint. Signed by Judge Paul G Rosenblatt on 5/12/09. (LSP)

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

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) Plaintiff, ) ) v. ) ) Dora B. Schriro, et al., ) ) Defendants. ) ____________________________)

Phillip Totherow,

CV 07-2218-PHX-PGR (MEA) ORDER NON-DEATH PENALTY

Currently before the Court is the Report and Recommendation of Magistrate Judge Aspey (doc. #60) based on Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254.1 Having reviewed de novo the Petition and the Report and

Recommendation of Magistrate Judge Aspey, and no party having filed any objection to the Report and Recommendation, IT IS HEREBY ORDERED that the Magistrate Judge's Report and Recommendation (doc. #60) is ACCEPTED and ADOPTED by the Court. IT IS FURTHER ORDERED DENYING Plaintiff's Motion for Leave to File an Amended Complaint (doc. #56). DATED this 12th day of May, 2009.

1

Petitioner challenges his state court conviction of first degree murder. (Doc. 1.)