McAllister v. Ryan et al

Filing 25

ORDER that the Magistrate Judge's Report and Recommendation (Doc. 23 ) is ACCEPTED; accordingly, Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is dismissed without prejudice, in the event Petitioner files an appeal, issuance of a certificate of appealability is denied, and the Clerk of the Court shall enter judgment of dismissal without prejudice. Signed by Senior Judge James A Teilborg on 7/22/2014. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jonathan McAllister, Sr.,
Petitioner,

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vs.

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Charles L. Ryan, et al.,
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Respondents.
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No. CV 13-1042-PHX-JAT
ORDER

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On June 18, 2014, Magistrate Judge Aspey issued a Report and Recommendation
recommending that this case should be dismissed without prejudice. Doc. 23.

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Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts

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the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not

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required to conduct “any review at all . . . of any issue that is not the subject of an objection”

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

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banc) (“statute makes it clear that the district judge must review the magistrate judge’s

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findings and recommendations de novo if objection is made, but not otherwise” (emphasis

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in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).

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Based on the foregoing,

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 23)

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is ACCEPTED; accordingly,

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Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is dismissed without
prejudice,

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in the event Petitioner files an appeal, issuance of a certificate of appealability
is denied, and

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the Clerk of the Court shall enter judgment of dismissal without prejudice.

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DATED this 22nd day of July, 2014.

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