Tommy v. Kane et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The 18 Report and Recommendation is accepted; The 5 amended petition for writ of habeas corpus is denied; A certificate of appealability and leave to proceed in forma pauperis on appeal are denied; The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 3/29/10. (DTN)

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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 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Jonathan Tommy, Petitioner, v. Katrina S. Kane, et al., Respondents. ) ) ) ) ) ) ) ) ) ) No. CV09-1987-PHX-DGC (JRI) ORDER Petitioner Jonathan Tommy has filed an amended petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. Dkt. #5. United States Magistrate Judge James R. Irwin has issued a report and recommendation ("R&R") recommending that the amended petition be denied. Dkt. #18. No objection has been filed, which relieves the Court of its obligation to review the R&R. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and deny the petition. IT IS ORDERED: 1. 2. 3. The R&R (Dkt. #18) is accepted. The amended petition for writ of habeas corpus (Dkt. #5) is denied. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied 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 4. The Clerk is directed to terminate this action. DATED this 29th day of March, 2010. -2-

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