Adams #216958 v. Ryan et al

Filing 18

ORDER the Report and Recommendation (Doc. 17 ) is ADOPTED and the Petition for Writ of Habeas Corpus (Doc. 1 ) is DENIED and DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED 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 8/13/2014. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Charles Robert Adams,
Petitioner,

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ORDER

v.

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No. CV-13-01782-PHX-ROS

Charles L. Ryan, et al.,

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Respondents.

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On July 1, 2014, Magistrate Judge Mark E. Aspey issued a Report and

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

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denied. (Doc. 17). No objections were filed.
A district judge Amay accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.@ 28 U.S.C. ' 636(b). Where any party
has filed timely objections to the magistrate judge=s R&R, the district court’s review of
the part objected to is to be de novo. Id. If, however, no objections are filed, the district
court need not conduct such a review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226
(D. Ariz. 2003). No objections were filed and the R&R will be adopted in full.
Accordingly,
IT IS ORDERED the Report and Recommendation (Doc. 17) is ADOPTED and
the Petition for Writ of Habeas Corpus (Doc. 1) is DENIED and DISMISSED WITH
PREJUDICE.

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IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed

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

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

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debatable.

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Dated this 13th day of August, 2014.

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Honorable Roslyn O. Silver
Senior United States District Judge

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