Romero v. Schriro

Filing 74

ORDER the Report and Recommendation (Doc. 73 ) is ADOPTED and the petition for writ of habeas corpus is DENIED. IT IS FURTHER ORDERED a Certificate of Appealability is DENIED. Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge Roslyn O Silver on 3/18/2015. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Francisco Javier Romero,
Petitioner,

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ORDER

v.

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No. CV-08-00542-PHX-ROS

Charles L. Ryan,

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Respondent.

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On February 11, 2015, Magistrate Judge Jacqueline M. Rateau issued a Report and

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recommendation (“R&R”) recommending the petition for writ of habeas corpus be

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denied. (Doc. 73). No objections were filed.

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A district judge “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party

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has filed timely objections to the magistrate judge’s R&R, the district court’s review of

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the part objected to must be de novo. Id. If, however, no objections are filed, the district

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court need not conduct such a review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226
(D. Ariz. 2003). No objections having been filed, the R&R will be adopted in full.
Accordingly,

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IT IS ORDERED the Report and Recommendation (Doc. 73) is ADOPTED and
the petition for writ of habeas corpus is DENIED.

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IT IS FURTHER ORDERED a Certificate of Appealability is DENIED.
Petitioner has not made a substantial showing of the denial of a constitutional right.
Dated this 18th day of March, 2015.

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Honorable Roslyn O. Silver
Senior United States District Judge

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