Medley v. Ryan et al

Filing 14

ORDER that Magistrate Judge Bade's 13 Report and Recommendation is accepted. Petitioner's 1 Petition for Writ of Habeas Corpus is dismissed. The Clerk shall terminate this action. In the event Petitioner files an appeal, the Court declines to issue a certificate of appealability. Signed by Judge G Murray Snow on 1/8/2013. (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 No. CV-12-00762-PHX-GMS Laura L. Medley, Plaintiff, 10 11 v. 12 ORDER Charles L. Ryan, et al., 13 Defendants. 14 15 Pending before the Court are Petitioner’s Petition for Writ of Habeas Corpus and 16 United States Magistrate Judge Bridget S. Bade’s Report and Recommendation (“R&R”). 17 Docs. 1, 13. The R&R recommends that the Court deny the Petition. Doc. 13 at 9. The 18 Magistrate Judge advised the parties that they had fourteen days to file objections to the 19 R&R and that failure to file timely objections could be considered a waiver of the right to 20 obtain review of the R&R. Id. at 10 (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; 21 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). 22 The parties did not file objections, which relieves the Court of its obligation to 23 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 24 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 25 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 26 determine de novo any part of the magistrate judge’s disposition that has been properly 27 objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well- 28 taken. The Court will accept the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1) 1 2 3 4 5 6 7 8 9 10 11 12 13 (stating that the district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.”). IT IS ORDERED: 1. Magistrate Judge Bade’s R&R (Doc. 13) is accepted. 2. Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is dismissed. 3. The Clerk of Court shall terminate this action. 4. Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court’s procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Dated this 8th day of January, 2013. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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