Osorio-Hernandez v. Arizona Attorney General, State of

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION. The 20 Report and Recommendation is adopted; the request for writ of habeas corpus is denied; the Clerk shall close this case; a Certificate of Appealabiltiy is denied, dismissal of the petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. Signed by Judge Roslyn O Silver on 11/30/10. (REW)

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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 October 27, 2010, Magistrate Judge David K. Duncan issued a Report and Recommendation ("R&R") recommending that the petition for a writ of habeas corpus be denied. (Doc. 20). Objections to an R&R must be filed within fourteen days. Fed. R. Civ. P. 72. Petitioner did not file any objections. A district judge "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). Where any party has filed timely objections to the Magistrate Judge's R&R, the district court's review of the part objected to is to be de novo. Id. If, however, no objections are filed, the district court need not conduct such a review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (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.") (internal quotations and citations omitted). Petitioner did not file any objections and the R&R will be adopted in full. ) ) ) Petitioner, ) ) vs. ) ) Attorney General of the State of Arizona,) ) et al., ) ) Respondents. ) ) Marcos Osorio-Hernandez, No. CV-09-02220-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 Accordingly, IT IS ORDERED the Report and Recommendation (Doc. 20) is ADOPTED. The request for a writ of habeas corpus is DENIED. The Clerk shall close this case. IT IS FURTHER ORDERED a Certificate of Appealability is DENIED. Dismissal of the petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. DATED this 30th day of November, 2010. -2-

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