Grabinski v. Ryan et al

Filing 22

ORDER ACCEPTING REPORT AND RECOMMENDATION 20 . ORDER that the Clerk of the Court enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus 1 with prejudice. The Clerk shall terminate this action. Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied. Signed by Judge Neil V Wake on 1/27/12. (TLJ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Thomas Dale Grabinski,
Petitioner,

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v.

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Charles L. Ryan, et al.,
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Respondents.

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No. CV 11-00417-PHX-NVW (ECV)
ORDER

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Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge

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Voss (Doc. 20) regarding Petitioner’s Petition for Writ of Habeas Corpus filed pursuant to

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28 U.S.C. § 2254 (Doc. 1). The R&R recommends that the Petition be denied and dismissed

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with prejudice. The Magistrate Judge advised the parties that they had fourteen days to file

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objections to the R&R. (R&R at 7 (citing 28 U.S.C. § 636(b)(1)). On January 24, 2012,

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Petitioner filed an objection to the R&R (Doc. 21).

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The Court has considered the Petitioner’s objections and reviewed the Report and
Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that the
court must make a de novo determination of those portions of the Report and
Recommendation to which specific objections are made). The Court agrees with the
Magistrate Judge’s determinations, accepts the recommended decision within the meaning
of Fed. R. Civ. P. 72(b), and overrules Petitioner’s objections. See 28 U.S.C. § 636(b)(1)

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(stating that the district court “may accept, reject, or modify, in whole or in part, the findings

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or recommendations made by the magistrate”).

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IT IS THEREFORE ORDERED that the Report and Recommendation of the
Magistrate Judge (Doc. 20) is accepted.
IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying and
dismissing Petitioner’s Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254
(Doc. 1) with prejudice. The Clerk shall terminate this action.

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Having considered the issuance of a Certificate of Appealability from the order
denying Petitioner’s Petition for a Writ of Habeas Corpus, the Court FINDS: Certificate of
Appealability and leave to proceed in forma pauperis on appeal are DENIED. Petitioner has
not made a substantial showing of the denial of a constitutional right.
DATED this 27th day of January, 2012.

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