Brown v. Chavez

Filing 15

ORDER the Report and Recommendation is ADOPTED and the Petition Doc. 1 shall be DENIED and DISMISSED WITH PREJUDICE. FURTHER ORDERED a certificate of appealability IS DENIED. FURTHER ORDERED Movant Olaf Juda's Motion 14 for service of Amicus Response IS DENIED. Signed by Judge Roslyn O Silver on 12/14/09. (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 Pending before the Court is Magistrate Judge Edward C. Voss's Report and Recommendation, which was filed on October 9, 2009. (Doc. 12) Magistrate Judge Voss recommends the petition for writ of habeas corpus be denied and dismissed with prejudice, Petitioner has not filed any objections. Also before the Court is Movant Olaf Juda's Motion for service of Amicus Response (Doc. 14). A district judge "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 USC 636(b). Where any party has filed timely objections to the magistrate judge's report and recommendations, the district court's review of the part objected to is to be de novo. Id.; see also United States v. ReynaTapia, 328 F.3d 1114, 1121 (9th Cir. 2003); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) ("Following Reyna-Tapia, this Court concludes that de novo review of vs. Ricardo E. Chavez, Respondent. Christopher Wayne Brown, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) No. CV-08-2203-PHX-ROS ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 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 factual and legal issues is required if objections are made, but not otherwise.") (internal quotations and citations omitted). No objections being made, the Court will adopt the Report and Recommendation in full. Pursuant to 28 U.S.C. foll. 2254, R. 11, the Court must "issue or deny a certificate of appealability when it enters a final order adverse to the applicant." A certificate of appealability will be denied because the applicant has not made a substantial showing of the denial of a constitutional right as required by 28 U.S.C.A 2253(c)(2) Accordingly, IT IS ORDERED the Report and Recommendation is ADOPTED and the Petition (Doc. 1) shall be DENIED and DISMISSED WITH PREJUDICE. FURTHER ORDERED a certificate of appealability IS DENIED. FURTHER ORDERED Movant Olaf Juda's Motion for service of Amicus Response (Doc. 14) IS DENIED. DATED this 14th day of December, 2009. -2-

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