Sanchez v. Ryan et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION 19 . The petition for a writ of habeas corpus is DENIED. The Clerk shall enter judgment accordingly. That a Certificate of Appealability is DENIED. Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Chief Judge Roslyn O Silver on 1/7/13. (DMT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Rigoberto Ortiz Sanchez,
Petitioner,

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vs.

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Charles Ryan,
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Respondent.
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No. CV-12-00134-PHX-ROS
ORDER

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On January 20, 2012, Petitioner Rigoberto Ortiz Sanchez filed a petition for writ of

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habeas corpus. (Doc. 1). On February 28, 2012, the Court issued an initial order requiring

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Respondent answer the petition. The initial order also informed Petitioner that he was

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required to keep his mailing address up to date. (Doc. 4 at 2). On October 25, 2012,

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Magistrate Judge Mark E. Aspey issued a Report and Recommendation (“R&R”)

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recommending the petition for habeas corpus be denied. (Doc. 19). A copy of the R&R was

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sent to Petitioner but it was returned to the Court, labeled “Out to Court, Maricopa County

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will not accept.” (Doc. 20). As of January 4, 2013, Petitioner has not filed a change of

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address nor has he filed objections to the R&R.

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A district judge “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party has

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filed timely objections to the magistrate judge’s report and recommendations, the district

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court’s review of the part objected to is to be de novo. Id. If, however, no objections are

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filed, the district court need not conduct such a review. Schmidt v. Johnstone, 263 F. Supp.

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2d 1219, 1226 (D. Ariz. 2003). No objections having been filed, the R&R will be adopted

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in full.

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Accordingly,

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IT IS ORDERED the Report and Recommendation (Doc. 19) is ADOPTED. The

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petition for a writ of habeas corpus is DENIED. The Clerk shall enter judgment accordingly.

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IT IS FURTHER ORDERED a Certificate of Appealability is DENIED. Petitioner

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has not made a substantial showing of the denial of a constitutional right.
DATED this 7th day of January, 2013.

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