Gonzalez v. Ryan et al

Filing 18

ORDER ACCEPTING REPORT AND RECOMMENDATION 17 - Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is denied and dismissed with prejudice; in the event Petitioner files an appeal, issuance of a certificate of appealability is denied b ecause denial of the petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable (alternatively, reasonable jurists would not find the Court's assessment of the constitutional claims debatable or wrong). See Slack v. McDaniel, 529 U.S. 473, 483-84 (2000), and the Clerk of the Court shall enter judgment of dismissal with prejudice. (See document for full details). Signed by Senior Judge James A Teilborg on 3/17/15. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Ernesto Gonzalez,
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 13-1616-PHX-JAT
ORDER

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

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(“Petition”) (Doc. 1). The Magistrate Judge issued a Report and Recommendation (“R&R”)

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(Doc.17) recommending that the Petition be denied.

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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. 17)

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is ACCEPTED; accordingly,

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Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is denied and
dismissed with prejudice,

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

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is denied because denial of the petition is based on a plain procedural bar and

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jurists of reason would not find this Court’s procedural ruling debatable

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(alternatively, reasonable jurists would not find the Court’s assessment of the

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constitutional claims debatable or wrong). See Slack v. McDaniel, 529 U.S.

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473, 483-84 (2000), and

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the Clerk of the Court shall enter judgment of dismissal with prejudice.

DATED this 17th day of March, 2015.

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