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)

Download PDF
    1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 No. CV11-1018 PHX DGC (LOA) Douglas Borchers, Petitioner, 10 11 vs. 12 ORDER Duane Belcher, Sr., et al., Respondents. 13 14 15 Petitioner Douglas Borchers has filed a petition for writ of habeas corpus pursuant 16 to 28 U.S.C. § 2254. Doc. 1. United States Magistrate Judge Lawrence O. Anderson has 17 issued a report and recommendation (“R&R”) that the petition be granted. Doc. 10. No 18 objection has been filed, which relieves the Court of its obligation to review the R&R. 19 See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 20 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court 21 will accept the R&R and grant the petition. 22 IT IS ORDERED: 23 1. The R&R (Doc. 10) is accepted. 24 2. The petition for writ of habeas corpus (Doc. 1) is granted. Respondents 25 shall provide Petitioner with a prompt hearing that fully complies with 26 Morrissey v. Brewer, 408 U.S. 471, 486-88 (1972), no later than thirty days 27 after the entry of this order. 28 3. A certificate of appealability is granted because the issues are “debatable     1 among jurists of reason,” or “the questions are adequate to deserve 2 encouragement to proceed further.” Mendez v. Knowles, 556 F.3d 757, 3 770-71 (9th Cir. 2009) (quoting Barefoot v. Estelle, 463 U.S. 880 (1983), 4 superseded on other grounds by 28 U.S.C. § 2253(c)(2)). 5 4. The Clerk is directed to terminate this action. 6 Dated this 12th day of April, 2012. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ‐ 2 ‐ 

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?