Serna v. Ryan et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION 21 . The petition for writ of habeas corpus (Doc. 1) is dismissed without prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. Petitioner's motion to stay 11 is denied as moot. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 10/27/10. (DMT)

Serna v. Ryan et al

Doc. 22

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

Thomas Joseph Serna, Petitioner, v. Charles L. Ryan, et al., Respondents.

) ) ) ) ) ) ) ) ) ) )

No. CV10-0479-PHX-DGC (JRI) ORDER

Petitioner Thomas Joseph Serna has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Doc. 1. United States Magistrate Judge Jay R. Irwin has issued a report and recommendation ("R&R") recommending that the petition be dismissed without prejudice and deny as moot Petitioner's motion to stay. Doc. 21. 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, dismiss the petition without prejudice, and deny as moot Petitioner's motion to stay. IT IS ORDERED: 1. 2. prejudice. 3. are denied. A certificate of appealability and leave to proceed in forma pauperis on appeal The R&R (Doc. 21) is accepted. The petition for writ of habeas corpus (Doc. 1) is dismissed without

Dockets.Justia.com

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. 5.

Petitioner's motion to stay (Doc. 11) is denied as moot. The Clerk is directed to terminate this action.

DATED this 27th day of October, 2010.

-2-