Mondragon v. Smith

Filing 17

ORDER that the 15 Report and Recommendation is ADOPTED. The 1 Petition for a Writ of Habeas Corpus is DENIED. No ruling on a certificate of appealability is required. The Clerk shall enter judgment accordingly. Signed by Chief Judge Roslyn O Silver on 7/29/2013. (LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Waldy J. Mondragon,

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Petitioner,

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vs.

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Dennis R. Smith,
Respondent.

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No. CV-12-00817-PHX-ROS
ORDER

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On June 25, 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. 15). No objections were filed.1

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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 unlikely Petitioner received a copy of the R&R because the copy mailed to him
was returned as undeliverable. (Doc. 16). Petitioner’s failure to keep his address up to date
does not merit delaying resolution of the pending R&R.

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IT IS ORDERED the Report and Recommendation (Doc. 15) is ADOPTED. The

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petition for a writ of habeas corpus is DENIED. No ruling on a certificate of appealability

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is required. The Clerk shall enter judgment accordingly.

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DATED this 29th day of July, 2013.

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