Cook v. Ryan et al

Filing 27

ORDER accepting the 26 Report and Recommendation of the magistrate judge and DENYING the 1 petition under 28 U.S.C. § 2254 for a writ of habeas corpus. IT IS FURTHER ORDERED DENYING a certificate of appealability and leave to proceed in forma pauperis, because petitioner has failed to make a substantial showing of the denial of a constitutional right under 28 U.S.C. § 2253(c)(2). Signed by Judge Frederick J Martone on 6/1/2012. (LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Seantain Leroy Cook,

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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 11-00527-PHX-FJM
ORDER

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The court has before it a petition under 28 U.S.C. § 2254 for writ of habeas corpus

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(doc. 1), respondents' answer (doc. 15), petitioner's traverse (doc. 25), and the Report and

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Recommendation of the United States Magistrate Judge (doc. 26). No objections to the

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Report and Recommendation were filed and the time for doing so has expired.

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We "make a de novo determination of those portions of the [magistrate judge's] report

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or specified proposed findings or recommendations to which objection is made." 28 U.S.C.

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§ 636(b)(1). We "must review the magistrate judge's findings and recommendations de novo

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if objection is made, but not otherwise." United States v. Reyna-Tapia, 328 F.3d 1114, 1121

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(9th Cir. 2003) (emphasis in original). Because no objections have been made, we accept in

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whole the recommendations made by the magistrate judge. We agree with his findings and

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conclusions.

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IT IS ORDERED accepting the Report and Recommendation of the magistrate judge

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(doc. 26) and DENYING the petition under 28 U.S.C. § 2254 for a writ of habeas corpus

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(doc. 1).

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IT IS FURTHER ORDERED DENYING a certificate of appealability and leave

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to proceed in forma pauperis, because petitioner has failed to make a substantial showing of

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the denial of a constitutional right under 28 U.S.C. § 2253(c)(2).

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DATED this 1st day of June, 2012.

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