Fairchild v. Ryan et al

Filing 15

ORDER ACCEPTING REPORT AND RECOMMENDATION 10 - The petition for writ of habeas corpus (Doc. 1 ) is denied and dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. (See document for full details). Signed by Judge David G Campbell on 8/10/15. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Kunashawn Fairchild,
Petitioner,

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ORDER

v.

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No. CV13-1996 PHX DGC (DKD)

Charles L. Ryan, et al.,
Respondents.

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Petitioner Kunashawn Fairchild has filed a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. Doc. 1. United States Magistrate David K. Duncan has

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issued a report and recommendation (“R&R”) recommending that the petition be denied

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and dismissed with prejudice. Doc. 10. No objection has been filed, which relieves the

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Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P.

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72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328

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F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and deny the petition.

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IT IS ORDERED:

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1.

The R&R (Doc. 10) is accepted.

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2.

The petition for writ of habeas corpus (Doc. 1) is denied and dismissed
with prejudice.

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3.

A certificate of appealability and leave to proceed in forma pauperis on
appeal are denied

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4.

The Clerk is directed to terminate this action.

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Dated this 10th day of August, 2015.

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