Henderson v. Schriro et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION 12 . Petitioner's Petition for Writ of Habeas Corpus 1 is DENIED. The Clerk of Court shall TERMINATE this action. A certificate of appealability is DENIED with respect to Petitioner's habeas claims. Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Judge G Murray Snow on 3/2/10. (DMT)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO NOT FOR PUBLICATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Shawn Lorin Henderson, Petitioner, v. Dora B. Schriro, et al., Respondents. ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV-08-1840-PHX-GMS ORDER Pending before the Court are Petitioner's Petition for Writ of Habeas Corpus and United States Magistrate Judge Jay R. Irwin's Report and Recommendation ("R&R"). Dkt. ## 1, 12. The R&R recommends that the Court deny the Petition. Dkt. # 12 at 16. The Magistrate Judge advised the parties that they had fourteen (14) 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 17 (citing Fed. R. Civ. P. 72(b); United States v. ReynaTapia, 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 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 Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will accept the R&R and deny the Petition. 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. 3. 4. Magistrate Judge Jay R. Irwin's R&R (Dkt. # 12) is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus (Dkt. # 1) is DENIED. The Clerk of Court shall TERMINATE this action. A certificate of appealability is DENIED with respect to Petitioner's habeas claims. Petitioner has not made a substantial showing of the denial of a constitutional right. DATED this 2nd day of March, 2010. -2-

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