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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Fox Joseph Salerno,
Petitioner,

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vs.

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Charles L. Ryan, et al.,
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Respondents.
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No. CV-10-2734-PHX-ROS
ORDER

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On August 11, 2011, Magistrate Judge Lawrence O. Anderson issued a Report and

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Recommendation (“R&R”) recommending that the petition for a writ of habeas corpus be

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denied. (Doc. 11). Objections to an R&R must be filed within fourteen days. Fed. R. Civ.

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P. 72(b)(2). Petitioner did not file any objections.

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

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

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filed timely objections to the Magistrate Judge’s R&R, the district court’s review of the part

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objected to is to be de novo. Id. If, however, no objections are filed, the district court need

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not conduct such a review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz.

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2003) (“Following Reyna-Tapia, this Court concludes that de novo review of factual and

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

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citations omitted). Petitioner did not file any objections and the R&R will be adopted in full.

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Accordingly,

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IT IS ORDERED the Report and Recommendation (Doc. 11) is ADOPTED. The

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request for a writ of habeas corpus is DENIED. The Clerk shall close this case.

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IT IS FURTHER ORDERED a Certificate of Appealability is DENIED. Dismissal

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of the petition is justified by a plain procedural bar and jurists of reason would not find the

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ruling debatable.

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Dated this 19th day of September, 2011.

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