Cole v. Arizona Attorney General, State of

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION. The 19 Report and Recommendation of the Magistrate Judge is adopted as the order of this Court; the Amended Petition for Writ of Habeas Corpus is denied and dismissed with prejudice; the Clerk is directed to enter judgment accordingly. Signed by Judge Mary H Murguia on 5/21/09. (REW, )

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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 vs. Dora B. Schriro, et al. Respondents. Jerry Lee Cole, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) No. CV 08-1179-PHX-MHM ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Petitioner filed his Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 on September 15, 2008, claiming his sentence imposed was in violation of his constitutional rights. On December 9, 2008, Respondents filed their response to Petitioner's Amended Petition for Writ of Habeas Corpus and Petitioner filed a reply on January 26, 2009. On March 19, 2009, the Magistrate Judge issued her Report and Recommendation recommending that the petition be denied and dismissed with prejudice. In her Report and Recommendation the Magistrate Judge advised the parties that they had 10 days from the date of service of a copy of the Report and Recommendation within which to file specific written objections with the Court. The time to file such objections has long since expired and no objections to the Report and Recommendation have been filed. Failure to timely file objections to any factual or legal determination of the Magistrate Judge /// 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 may be considered a waiver of a party's right to de novo consideration of the issues. See United States v. Reyna-Tapia 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). After a complete and independent review of the issues presented, the Court finds itself in agreement with the Report and Recommendation of the Magistrate Judge. IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the order of this Court [doc. 19] IT IS FURTHER ORDERED that the Amended Petition for Writ of Habeas Corpus is denied and dismissed with prejudice. IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. DATED this 21st day of May, 2009. -2-

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