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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    1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 No. CV13-2011 PHX DGC (JFM) Darnell Cain, Petitioner, 10 11 vs. 12 ORDER Charles L. Ryan, et al., Defendants. 13 14 15 Petitioner Darnell Cain has filed a petition for writ of habeas corpus pursuant to 28 16 U.S.C. § 2254. Doc. 1. United States Magistrate James F. Metcalf has issued a report 17 and recommendation (“R&R”) recommending that the petition be denied and dismissed 18 with prejudice. Doc. 12. No objection has been filed, which relieves the Court of its 19 obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); 20 Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 21 1121 (9th Cir. 2003). The Court will accept the R&R and deny the petition. 22 IT IS ORDERED: 23 1. The R&R (Doc. 12) is accepted. 24 2. The petition for writ of habeas corpus (Doc. 1) is denied and dismissed 25 with prejudice. 26 3. 27 28 A certificate of appealability and leave to proceed in forma pauperis on appeal are denied     1 4. The Clerk is directed to terminate this action. 2 Dated this 12th day of May, 2014. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ‐ 2 ‐ 

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