Rhone v. United States of America

Filing 28

ORDER that Magistrate Judge Bade's 27 Report and Recommendation is accepted. Petitioner's 1 Petition for Writ of Habeas Corpus is denied. The Clerk of Court shall terminate this action. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Judge G Murray Snow on 2/22/2013. (LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Alfonso Bobbie Rhone,
Plaintiff,

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ORDER

v.

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No. CV-12-00718-PHX-GMS

Dennis Smith,

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Defendant.

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Pending before the Court are Petitioner’s Petition for Writ of Habeas Corpus and

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United States Magistrate Judge Bridget S. Bade’s Report and Recommendation (“R&R”).

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Docs. 1, 27. The R&R recommends that the Court deny the Petition. Doc. 27 at 14. The

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Magistrate Judge advised the parties that they had fourteen days to file objections to the

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R&R and that failure to file timely objections could be considered a waiver of the right to

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obtain review of the R&R. Id. at 14-15 (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6,

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

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The parties did not file objections, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will accept the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1)

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(stating that the district court “may accept, reject, or modify, in whole or in part, the

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findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The

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district judge may accept, reject, or modify the recommended disposition; receive further

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evidence; or return the matter to the magistrate judge with instructions.”).

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IT IS ORDERED:

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Magistrate Judge Bade’s R&R (Doc. 27) is accepted.

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Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is denied.

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The Clerk of Court shall terminate this action.

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A Certificate of Appealability and leave to proceed in forma pauperis on

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appeal are denied because Petitioner has not made a substantial showing of the denial of a

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constitutional right.

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Dated this 22nd day of February, 2013.

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