Esquer v. Maricopa Superior Court et al

Filing 13

ORDER that the Magistrate Judge's Report and Recommendation Doc. # 12 is ACCEPTED; accordingly, 1) Petitioner's Amended Petition for Writ of Habeas Corpus Doc. # 5 is denied and dismissed with prejudice; 2) In the event Petitioner files a n appeal, issuance of a certificate of appealability is denied because denial of the petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000); 3) the Clerk of the Court shall enter judgment of dismissal with prejudice. Signed by Judge James A Teilborg on 2/2/10. (KMG)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Diana Maria Esquer, Petitioner, vs. Maricopa Superior Court; et al., Respondents.

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No. CV 09-425-PHX-JAT ORDER

Pending before the Court is Petitioner's Amended Petition for Writ of Habeas Corpus ("Petition") (Doc. #5). The Magistrate Judge issued a Report and Recommendation ("R&R") (Doc. #12) recommending that the Petition be denied. Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to conduct "any review at all . . . of any issue that is not the subject of an objection" (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) ("statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise" (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003). Accordingly, IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (Doc. #12) is ACCEPTED; accordingly,

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Petitioner's Amended Petition for Writ of Habeas Corpus (Doc. #5) is denied and dismissed with prejudice,

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in the event Petitioner files an appeal, issuance of a certificate of appealability is denied because denial of the petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000),

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the Clerk of the Court shall enter judgment of dismissal with prejudice.

DATED this 2nd day of February, 2010.

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