Tapia v. Smith

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS. 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. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 4/19/12. (DMT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV11-2314 PHX DGC

Israel Tapia,
Petitioner,

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vs.

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ORDER

Dennis R. Smith,
Respondent.

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Petitioner Israel Tapia has filed a petition for writ of habeas corpus pursuant to

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28 U.S.C. § 2241(c)(3). Doc. 1. United States Magistrate Judge Mark E. Aspey has

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

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Doc. 15. No objection has been filed, which relieves the Court of its obligation to review

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

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140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The

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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. 15) 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

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appeal are denied

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The Clerk is directed to terminate this action.

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Dated this 19th day of April, 2012.

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