Lopez v. Arizona, State of et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION 14 . Petitioner's Amended Petition for Writ of Habeas Corpus (Doc. 8) is denied and dismissed with prejudice. In the event Petitioner files an appeal, issuance of a certificate of appealability is denied for the reasons stated in the Report and Recommendation (Doc. 14 at 24-25). The Clerk of the Court shall enter judgment of dismissal with prejudice. Signed by Judge James A Teilborg on 8/8/11. (DMT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Richard Ramon Lopez,
Petitioner,

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vs.

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State of Arizona, et al.,
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Respondents.
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No. CV 10-2159-PHX-JAT
ORDER

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Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus

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(“Petition”) (Doc. 1 as amended at Doc. 8). The Magistrate Judge issued a Report and

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Recommendation (“R&R”) (Doc. 14) recommending that the Petition be denied.

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Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts

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the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not

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required to conduct “any review at all . . . of any issue that is not the subject of an objection”

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(emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en

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banc) (“statute makes it clear that the district judge must review the magistrate judge’s

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findings and recommendations de novo if objection is made, but not otherwise” (emphasis

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in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).

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Based on the foregoing,

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and

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Recommendation (Doc. 14) is ACCEPTED; accordingly,

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Petitioner’s Amended Petition for Writ of Habeas Corpus (Doc. 8) is denied
and dismissed with prejudice,

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in the event Petitioner files an appeal, issuance of a certificate of appealability

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is denied for the reasons stated in the Report and Recommendation (Doc. 14

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at 24-25), and

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the Clerk of the Court shall enter judgment of dismissal with prejudice.

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DATED this 8th day of August, 2011.

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