Sharp v. Ryan et al

Filing 17

ORDER Adopting the Report and Recommendation in full and the 1 Application for Writ of Habeas Corpus is dismissed with prejudice. The Clerk of Court shall close this case. Signed by Judge Roslyn O Silver on 07/30/09. (ESL)

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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 On July 7, 2009, Magistrate Judge David K. Duncan issued a Report and Recommendation recommending that Petitioner's Application for Writ of Habeas Corpus be dismissed with prejudice (Doc. 16). Petitioner failed to file timely objections. The Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. 636(b)(1). It is "clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1126 (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.'"). District courts are not required to conduct "any review at all . . . of any issue that is not the subject vs. Charles L. Ryan, et al., Respondents. Gabriel Sheridan Sharp, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) No. CV-09-0199-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 of an objection." Thomas v. Arn, 474 U.S. 140, 149 (1985). No objection having been made, the Court will adopt the Report and Recommendation in full. Accordingly, IT IS ORDERED the Report and Recommendation (Doc. 16) IS ADOPTED IN FULL and the Application for Writ of Habeas Corpus (Doc. 1) IS DISMISSED WITH PREJUDICE. The Clerk of Court shall close this case. DATED this 30th day of July, 2009. -2-

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