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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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Frederick Michael Ellis, Petitioner, 10 11 vs. 12 Keith Hartsuck, et al., 13 Respondents. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 11-0297-PHX-JAT ORDER 15 16 Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus 17 (“Petition”) (Doc. 1). The Magistrate Judge issued a Report and Recommendation (“R&R”) 18 (Doc. 16) recommending that the Petition be denied. 19 Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts 20 the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not 21 required to conduct “any review at all . . . of any issue that is not the subject of an objection” 22 (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en 23 banc) (“statute makes it clear that the district judge must review the magistrate judge’s 24 findings and recommendations de novo if objection is made, but not otherwise” (emphasis 25 in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003). 26 Based on the foregoing, 27 IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 16) 28 is ACCEPTED; accordingly, 1 • 2 3 Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is denied and dismissed with prejudice, • consistent with the recommendation in the R&R (to which there was no 4 objection), and in the event Petitioner files an appeal, the Court denies 5 issuance of a certificate of appealability because jurists of reason would not 6 find the procedural rulings debatable and Petitioner has not made a substantial 7 showing of the denial of a constitutional right on the remaining claims, and 8 • the Clerk of the Court shall enter judgment of dismissal with prejudice. 9 DATED this 21st day of June, 2012. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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