McDowell v. Richardson et al
ORDER the R&R 14 is accepted. The petition for writ of habeas corpus 1 is denied. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 10/31/11. (TLJ)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Theodore Cush McDowell,
No. CV11-0716 PHX DGC (MEA)
Shelton Richardson, et al.,
Petitioner Theodore Cush McDowell has filed a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. Doc. 1. United States Magistrate Judge Mark E. Aspey
has issued a report and recommendation (“R&R”) recommending that the petition be
denied. Doc. 14. No objection has been filed, which relieves the Court of its obligation
to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn,
474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.
2003). The Court will accept the R&R and deny the petition.
IT IS ORDERED:
The R&R (Doc. 14) is accepted.
The petition for writ of habeas corpus (Doc. 1) is denied.
A certificate of appealability and leave to proceed in forma pauperis on
appeal are denied
Dated this 31st day of October, 2011.
The Clerk is directed to terminate this action.
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