Perez-Valenzuela v. Schriro et al

Filing 19

DOCUMENT #19 VACATED PURSUANT TO ORDER #22 FILED ON 9/25/09. ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS ORDERED: Magistrate Judge Edward C. Voss's 18 Report and Recommendation is accepted. Petitioner Jose Alfred Perez-Valenzuela's 1 Petition for Writ of Habeas Corpusis denied and dismissed with prejudice. The Clerk of Court shall terminate this action. Signed by Judge David G Campbell on 9/2/09. (SAT) Modified on 9/25/2009 (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 v. Dora B Schriro, et al., Respondents. Jose Alfred Perez-Valenzuela, Petitioner, ) ) ) ) ) ) ) ) ) ) ) No. CV-08-1724-PHX-DGC (ECV) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Pending before the Court are Petitioner Jose Alfred Perez-Valenzuela's petition for writ of habeas corpus and United States Magistrate Judge Edward C. Voss's Report and Recommendation ("R&R"). Dkt. ##1, 18. The R&R recommends that the Court deny the petition and dismiss the Petition with prejudice because the Petitioner's three grounds for relief are procedurally defaulted. Dkt. #18 at 7. The Magistrate Judge advised the parties that they had ten days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. Id. at 8-9 (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). The parties did not file objections, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) ("[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of an objection."); Fed. R. Civ. P. 72(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to."). The

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Court will accept the R&R and deny the Petition and dismiss the Petition with prejudice. See 28 U.S.C. § 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate"); Fed. R. Civ. P. 72(b)(3) ("The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions."). IT IS ORDERED: 1. 2. Magistrate Judge Edward C. Voss's R&R (Dkt. #18) is accepted. Petitioner Jose Alfred Perez-Valenzuela's petition for writ of habeas corpus

(Dkt. #1) is denied and dismissed with prejudice. 3. The Clerk of Court shall terminate this action.

DATED this 2nd day of September, 2009.

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