Thornton v. Arizona, State of et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION 15 . Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is dismissed with prejudice in part and denied in part. The Clerk of Court shall terminate this action. Pursuant to Rule 11(a) of the Rules G overning Section 2254 Cases, in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's procedural ruling debatable. Signed by Judge G Murray Snow on 3/3/11. (DMT)

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Thornton v. Ryan et al Doc. 16 1 2 3 4 5 6 7 8 9 10 11 12 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Freddie Lee Thornton, Petitioner, v. Charles L. Ryan, et al., 13 Respondents. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-09-00094-PHX-GMS (JRI) ORDER Pending before the Court are Petitioner's Petition for Writ of Habeas Corpus and United States Magistrate Judge Irwin's Report and Recommendation ("R&R"). Docs. 1, 15. The R&R recommends dismissing with prejudice in part and denying in part. The Magistrate Judge advised the parties that they had fourteen 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 23-24 (citing 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 Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will Dockets.Justia.com 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 accept the R&R and dismiss with prejudice/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. Magistrate Judge Irwin's R&R (Doc. 15) is accepted. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is dismissed with prejudice in part and denied in part. 3. 4. The Clerk of Court shall terminate this action. Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). DATED this 3rd day of March, 2011. -2-

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