Salerno v. Ryan et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION 11 . The request for a writ of habeas corpus is DENIED. The Clerk shall close this case. ORDER a Certificate of Appealability is DENIED. Signed by Chief Judge Roslyn O Silver on 9/19/11. (TLJ)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Fox Joseph Salerno, Petitioner, 10 11 vs. 12 Charles L. Ryan, et al., 13 Respondents. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-10-2734-PHX-ROS ORDER 15 16 17 On August 11, 2011, Magistrate Judge Lawrence O. Anderson issued a Report and 18 Recommendation (“R&R”) recommending that the petition for a writ of habeas corpus be 19 denied. (Doc. 11). Objections to an R&R must be filed within fourteen days. Fed. R. Civ. 20 P. 72(b)(2). Petitioner did not file any objections. 21 A district judge “may accept, reject, or modify, in whole or in part, the findings or 22 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party has 23 filed timely objections to the Magistrate Judge’s R&R, the district court’s review of the part 24 objected to is to be de novo. Id. If, however, no objections are filed, the district court need 25 not conduct such a review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 26 2003) (“Following Reyna-Tapia, this Court concludes that de novo review of factual and 27 legal issues is required if objections are made, but not otherwise.”) (internal quotations and 28 citations omitted). Petitioner did not file any objections and the R&R will be adopted in full. 1 Accordingly, 2 IT IS ORDERED the Report and Recommendation (Doc. 11) is ADOPTED. The 3 request for a writ of habeas corpus is DENIED. The Clerk shall close this case. 4 IT IS FURTHER ORDERED a Certificate of Appealability is DENIED. Dismissal 5 of the petition is justified by a plain procedural bar and jurists of reason would not find the 6 ruling debatable. 7 Dated this 19th day of September, 2011. 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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