Cota et al v. Schriro et al

Filing 15

ORDER - IT IS ORDERED that the Court adopts the 14 Report and Recommendation of the Magistrate Judge. FURTHER ORDERED that Petitioner's 1 Petition for Writ of Habeas Corpus is DENIED, terminating this case. Signed by Judge Stephen M McNamee on 12/31/08. (SAT)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA MANUEL ROBLES COTA, ) ) ) Petitioner, ) ) vs. ) DORA SCHRIRO and WARDEN BEZY,) ) ) Respondents, ) No. CV 08-568-PHX-SMM (MEA) MEMORANDUM OF DECISION AND ORDER

Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1). The matter was referred to Magistrate Judge Mark E. Aspy for a Report and Recommendation (Doc. 2). On November 26, 2008 the Magistrate Judge filed a Report and Recommendation with this Court (Doc. 14). To date, no objections have been filed. STANDARD OF REVIEW The Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. § 636(b)(1)(C); see Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have ten days from the service of a copy of the Magistrate's recommendation within which to file specific written objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a Magistrate Judge's recommendation relieves the Court of conducting de novo review of the Magistrate Judge's factual findings and waives all objections to those findings on appeal. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a

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Magistrate Judge's conclusion "is a factor to be weighed in considering the propriety of finding waiver of an issue on appeal." Id. DISCUSSION Having reviewed the Report and Recommendation of the Magistrate Judge, and no Objections having been made by any party thereto, the Court hereby incorporates and adopts the Magistrate Judge's Report and Recommendation. CONCLUSION For the reasons set forth, IT IS ORDERED that the Court adopts the Report and Recommendation of the Magistrate Judge (Doc. 14). IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DENIED, terminating this case. DATED this 31st day of December, 2008.

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