Ford v. Ryan et al

Filing 17

ORDER - IT IS ORDERED the 16 Report and Recommendation is ADOPTED and the 1 Petition shall be DENIED in part and the remainder DISMISSED WITH PREJUDICE as set forth in the Report and Recommendation. FURTHER ORDERED a certificate of appealability IS DENIED. Signed by Judge Roslyn O Silver on 1/26/10. (SAT)

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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. Charles L. Ryan, et al., Respondents. Kenneth Alexander Ford, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) No. CV-08-2363-PHX-ROS ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Pending before the Court is Magistrate Judge Jay R. Irwin's Report and Recommendation, which was filed on January 11, 2010. (Doc. 16). Magistrate Judge Irwin recommends the petition for writ of habeas corpus be denied in part and the remainder be dismissed with prejudice. Judge Irwin also recommends a certificate of appealability be denied. Petitioner has not filed any objections. 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 factual and legal issues is required if objections are made, but not otherwise.") (internal 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 quotations and citations omitted). No objections being made, the Court will adopt the Report and Recommendation in full. Accordingly, IT IS ORDERED the Report and Recommendation (Doc. 16) is ADOPTED and the Petition (Doc. 1) shall be DENIED in part and the remainder DISMISSED WITH PREJUDICE as set forth in the Report and Recommendation. FURTHER ORDERED a certificate of appealability IS DENIED. DATED this 26th day of January, 2010. -2-

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