Cain v. Ryan et al

Filing 13

ORDER ADOPTING 12 Report and Recommendation. 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. Signed by Judge David G Campbell on 5/12/14. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV13-2011 PHX DGC (JFM)

Darnell Cain,
Petitioner,

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vs.

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ORDER

Charles L. Ryan, et al.,
Defendants.

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Petitioner Darnell Cain has filed a petition for writ of habeas corpus pursuant to 28

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U.S.C. § 2254. Doc. 1. United States Magistrate James F. Metcalf has issued a report

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and recommendation (“R&R”) recommending that the petition be denied and dismissed

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with prejudice. Doc. 12. No objection has been filed, which relieves the Court of its

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obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3);

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Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114,

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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. 12) is accepted.

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2.

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

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with prejudice.

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3.

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

appeal are denied

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The Clerk is directed to terminate this action.

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Dated this 12th day of May, 2014.

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