Borchers v. Belcher et al

Filing 12

ORDER accepting 10 Report and Recommendation. The petition for writ of habeas corpus (Doc. 1) is granted. Respondents shall provide Petitioner with a prompt hearing, no later than thirty days after the entry of this order. A certificate of appea lability is granted because the issues are "debatable among jurists of reason," or "the questions are adequate to deserve encouragement to proceed further." The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 4/12/12. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV11-1018 PHX DGC (LOA)

Douglas Borchers,
Petitioner,

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vs.

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ORDER

Duane Belcher, Sr., et al.,
Respondents.

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Petitioner Douglas Borchers has filed a petition for writ of habeas corpus pursuant

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to 28 U.S.C. § 2254. Doc. 1. United States Magistrate Judge Lawrence O. Anderson has

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issued a report and recommendation (“R&R”) that the petition be granted. Doc. 10. No

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objection has been filed, which relieves the Court of its obligation to review the R&R.

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See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149

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(1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court

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will accept the R&R and grant the petition.

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IT IS ORDERED:

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1.

The R&R (Doc. 10) is accepted.

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2.

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

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shall provide Petitioner with a prompt hearing that fully complies with

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Morrissey v. Brewer, 408 U.S. 471, 486-88 (1972), no later than thirty days

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after the entry of this order.

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3.

A certificate of appealability is granted because the issues are “debatable

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among jurists of reason,” or “the questions are adequate to deserve

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encouragement to proceed further.” Mendez v. Knowles, 556 F.3d 757,

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770-71 (9th Cir. 2009) (quoting Barefoot v. Estelle, 463 U.S. 880 (1983),

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superseded on other grounds by 28 U.S.C. § 2253(c)(2)).

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4.

The Clerk is directed to terminate this action.

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Dated this 12th day of April, 2012.

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