Patterson v. Schriro

Filing 33

ORDER that the Court adopts the Report and Recommendation of the Magistrate Judge (Doc. #32). FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus is DENIED and DISMISSED, terminating this case. The Clerk of the Court shall enter judgment accordingly. FURTHER ORDERED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because Petitioner has not made substantial showings of the denials of constitutional rights, and dismissals were justified by plain procedural bars and jurists of reason would not find the procedural rulings debatable. Signed by Judge Stephen M McNamee on 3/22/10. (KMG)

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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 Charles Lee Patterson, Petitioner, vs. Charles L. Ryan, et al., Respondents. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) No.CIV 08-0655-PHX-SMM (HCE) 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. #6). The matter was referred to Magistrate Judge Hector C. Estrada for a Report and Recommendation (Doc. #5). On February 24, 2010, the Magistrate Judge filed a Report and Recommendation with this Court (Doc. #32). 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 fourteen 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 Magistrate Judge's conclusion "is 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 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 HEREBY ORDERED that the Court adopts the Report and Recommendation of the Magistrate Judge (Doc. #32). IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus is DENIED and DISMISSED, terminating this case. The Clerk of the Court shall enter judgment accordingly. IT IS FURTHER ORDERED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because Petitioner has not made substantial showings of the denials of constitutional rights, and dismissals were justified by plain procedural bars and jurists of reason would not find the procedural rulings debatable. DATED this 22nd day of March, 2010. -2-

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