Albe v. Ryan et al

Filing 9

ORDER that the Magistrate Judge's 8 Report and Recommendation is ACCEPTED. Petitioner's 1 Petition for Writ of Habeas Corpus is denied and dismissed with prejudice; in the event Petitioner files an appeal, issuance of a certificate of appealability is denied for the reasons stated in the R&R and; the Clerk of the Court shall enter judgment of dismissal with prejudice. Signed by Senior Judge James A Teilborg on 3/4/2013. (LFIG)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Timothy F. Albe, Petitioner, 10 11 vs. 12 Charles L. Ryan, et al., 13 Respondents. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 12-0457-PHX-JAT ORDER 15 16 Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus 17 (“Petition”) (Doc. 1). The Magistrate Judge to whom this case was assigned issued a Report 18 and Recommendation (“R&R”) (Doc. 8) recommending that this Court deny both the Petition 19 and the certificate of appealability. 20 Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts 21 the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not 22 required to conduct “any review at all . . . of any issue that is not the subject of an objection” 23 (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en 24 banc) (“statute makes it clear that the district judge must review the magistrate judge’s 25 findings and recommendations de novo if objection is made, but not otherwise” (emphasis 26 in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003). 27 28 Based on the foregoing, 1 2 3 IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 8) is ACCEPTED; accordingly, • 4 5 Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is denied and dismissed with prejudice, • 6 in the event Petitioner files an appeal, issuance of a certificate of appealability is denied for the reasons stated in the R&R, and 7 • the Clerk of the Court shall enter judgment of dismissal with prejudice. 8 DATED this 4th day of March, 2013. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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