McDowell v. Richardson et al

Filing 15

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Theodore Cush McDowell,
Petitioner,

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ORDER

vs.

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No. CV11-0716 PHX DGC (MEA)

Shelton Richardson, et al.,
Respondents.

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Petitioner Theodore Cush McDowell has filed a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. Doc. 1. United States Magistrate Judge Mark E. Aspey

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has issued a report and recommendation (“R&R”) recommending that the petition be

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denied. Doc. 14. No objection has been filed, which relieves the Court of its obligation

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to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn,

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474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

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2003). The Court will accept the R&R and deny the petition.

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IT IS ORDERED:

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1.

The R&R (Doc. 14) is accepted.

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2.

The petition for writ of habeas corpus (Doc. 1) is denied.

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3.

A certificate of appealability and leave to proceed in forma pauperis on
appeal are denied

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4.

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Dated this 31st day of October, 2011.

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The Clerk is directed to terminate this action.