Begay v. Freeland et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION 15 . The petition for writ of habeas corpus (Doc. 1) 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 5/5/11. (DMT)

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    1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 No. CV10-1256 PHX DGC (ECV) Daniel Sam Begay, Petitioner, 10 11 vs. 12 ORDER Deputy Warden Freeland, et al., Respondents. 13 14 15 Petitioner Daniel Sam Begay has filed a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. Doc. 1. United States Magistrate Judge Edward C. Voss 17 has issued a report and recommendation (“R&R”) recommending that the petition be 18 denied and dismissed with prejudice. Doc. 15. No objection has been filed, which 19 relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. 20 R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna- 21 Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and deny the 22 petition. 23 IT IS ORDERED: 24 1. The R&R (Doc. 15) is accepted. 25 2. The petition for writ of habeas corpus (Doc. 1) is denied and dismissed 26 with prejudice. 27 3. 28 A certificate of appealability and leave to proceed in forma pauperis on appeal are denied     1 4. The Clerk is directed to terminate this action. 2 Dated this 5th day of May, 2011. 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 ‐ 2 ‐ 

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