McCracken v. Ryan et al

Filing 12

ORDER ACCEPTING REPORT AND RECOMMENDATIONS 11 . FURTHER ORDERED that petitioner's petition for writ of habeas corpus 1 is denied. FURTHER ORDERED this action is dismissed with prejudice and the Clerk shall enter judgment accordingly. FINALLY ORDERED that pursuant to Rule 11 of the Rules Governing Section 2254 Cases, in the event petitioner files an appeal, the Court denies issuance of a certificate of appealability because jurists of reason would not find the Court's procedural ruling debatable. Signed by Judge James A Teilborg on 1/7/10. (LAD, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Kenneth Gregory McCracken, Plaintiff, vs. Charles L. Ryan; et al, Defendants.

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No. CV 09-1598-PHX-JAT ORDER

Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus ("Petition") (Doc. #1). The Magistrate Judge to whom this case was assigned issued a Report and Recommendation ("R&R") (Doc. #11) 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. #11) is ACCEPTED.

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IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Doc. #1) is DENIED. IT IS FURTHER ORDERED that this action is dismissed with prejudice and the Clerk of the Court shall enter judgment accordingly. IT IS FINALLY ORDERED that pursuant to Rule 11 of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court denies issuance of a certificate of appealability because jurists of reason would not find the Court's procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). DATED this 7th day of January, 2010.

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