Ellis v. Hartsuck et al

Filing 17

ORDER that the Magistrate Judge's 16 Report and Recommendation is ACCEPTED; accordingly, Petitioner's 1 Petition for Writ of Habeas Corpus is denied and dismissed with prejudice. The Court denies issuance of a certificate of appealability. The Clerk of the Court shall enter judgment of dismissal with prejudice. Signed by Judge James A Teilborg on 6/21/2012. (LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Frederick Michael Ellis,
Petitioner,

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vs.

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Keith Hartsuck, et al.,
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Respondents.
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No. CV 11-0297-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). The Magistrate Judge issued a Report and Recommendation (“R&R”)

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(Doc. 16) 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 ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 16)

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is ACCEPTED; accordingly,

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Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is denied and
dismissed with prejudice,

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consistent with the recommendation in the R&R (to which there was no

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objection), and in the event Petitioner files an appeal, the Court denies

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issuance of a certificate of appealability because jurists of reason would not

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find the procedural rulings debatable and Petitioner has not made a substantial

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showing of the denial of a constitutional right on the remaining claims, and

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

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DATED this 21st day of June, 2012.

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