Wingrove v. Ryan et al

Filing 10

ORDER that the 9 Report and Recommendation is accepted. The 1 petition for writ of habeas corpus is denied and dismissed with prejudice. 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 06/01/10. (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 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Arlington Ernest Wingrove, Petitioner, v. Charles L. Ryan, et al., Respondents. ) ) ) ) ) ) ) ) ) ) ) No. CV09-2524-PHX-DGC (MEA) ORDER Petitioner Arlington Ernest Wingrove has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Dkt. #1. United States Magistrate Judge Mark E. Aspey has issued a report and recommendation ("R&R") recommending that the petition be denied and dismissed with prejudice. Dkt. #9. 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. The R&R (Dkt. #9) is accepted. The petition for writ of habeas corpus (Dkt. #1) is denied and dismissed with prejudice. 3. 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 1st day of June, 2010. -2-

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