Montgomery # 108379 v. Ryan et al

Filing 47

ORDER ADOPTING 46 Report and Recommendation. The petition for a writ of habeas corpus is DENIED. The Clerk shall enter judgment accordingly. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because the dismissal of the petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Senior Judge Roslyn O Silver on 11/20/13. (vlg/LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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James Thurmond Montgomery,
Petitioner,

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vs.

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Charles L. Ryan, et al.,
Respondents.

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No. CV-12-00758-PHX-ROS
ORDER

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On October 8, 2013, Magistrate Judge James F. Metcalf issued a Report and

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Recommendation (“R&R”) recommending the petition for writ of habeas corpus be denied.

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(Doc. 46). No objections were filed.

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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. 46) 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 and leave to proceed in

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forma pauperis on appeal are DENIED because the dismissal of the petition is justified by

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a plain procedural bar and jurists of reason would not find the procedural ruling debatable.

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DATED this 20th day of November, 2013.

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Roslyn O. Silver
Senior United States District Judge

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