Morgan v. Ryan et al

Filing 40

ORDER the Report and Recommendation 38 is adopted. ORDER the Petition for Writ of Habeas Corpus 1 is dismissed with prejudice as time barred. ORDER a Certficate of Appealability and leave to proceed in forma pauperis on appeal is denied because the denial of the motion is justified by a plain procedural bar. Signed by Chief Judge Roslyn O Silver on 12/16/11. (TLJ)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

James Michael Morgan,
Petitioner,

10
11

vs.

12
Charles L. Ryan, et. al.,
13
Respondents.
14

)
)
)
)
)
)
)
)
)
)
)
)

No. CV-10-2215-PHX-ROS
ORDER

15
16

On November 28, 2011, the magistrate judge issued a Report and Recommendation.

17

(Doc. 38). Plaintiff has not objected to the Report and Recommendation. No objections

18

being made, the Court will adopt the Report and Recommendation in full.

19

A district judge “may accept, reject, or modify, in whole or in part, the findings or

20

recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party has

21

filed timely objections to the magistrate judge's report and recommendations, the district

22

court’s review of the part objected to is to be de novo. Id.; see also United States v. Reyna-

23

Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); Schmidt v. Johnstone, 263 F. Supp. 2d 1219,

24

1226 (D. Ariz. 2003) (“Following Reyna-Tapia, this Court concludes that de novo review of

25

factual and legal issues is required if objections are made, but not otherwise.”) (internal

26

quotations and citations omitted).

27

Accordingly,

28

IT IS ORDERED the Report and Recommendation (Doc. 38) is ADOPTED.

1
2

IT IS ORDERED the Petitioner for Writ of Habeas Corpus (Doc. 1) is DISMISSED
WITH PREJUDICE as time barred.

3

IT IS ORDERED a Certificate of Appealability and leave to proceed in forma

4

pauperis on appeal is denied because the denial of the motion is justified by a plain

5

procedural bar.

6

DATED this 16th day of December, 2011.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-