Gallagher v. Ryan et al
ORDER ADOPTING 13 Magistrate Judge Aspey's Report and Recommendation. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is denied and dismissed with prejudice. The Clerk shall terminate this action and enter judgment. Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Courts procedural ruling debatable. Signed by Judge G Murray Snow on 5/9/14. (LSP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Michael Francis Gallagher,
Charles L. Ryan, et al.,
Pending before the Court are Petitioner’s Petition for Writ of Habeas Corpus and
United States Magistrate Judge Mark E. Aspey’s Report and Recommendation (“R&R”).
Docs. 1, 13. The R&R recommends that the Court deny the Petition. Doc. 13 at 10. The
Magistrate Judge advised the parties that they had fourteen days to file objections to the
R&R and that failure to file timely objections could be considered a waiver of the right to
obtain review of the R&R. Id. at 11 (citing Fed. R. Civ. P. 72(b); United States v. Reyna-
Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).
The parties did not file objections, which relieves the Court of its obligation to
review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149
(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is
not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must
determine de novo any part of the magistrate judge’s disposition that has been properly
objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-
taken. The Court will accept the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1)
(stating that the district court “may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The
district judge may accept, reject, or modify the recommended disposition; receive further
evidence; or return the matter to the magistrate judge with instructions.”).
IT IS ORDERED:
Magistrate Judge Aspey’s R&R (Doc. 13) is accepted.
Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is denied and
dismissed with prejudice.
The Clerk of Court shall terminate this action and enter judgment
Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the
event Petitioner files an appeal, the Court declines to issue a certificate of appealability
because reasonable jurists would not find the Court’s procedural ruling debatable. See
Slack v. McDaniel, 529 U.S. 473, 484 (2000).
Dated this 9th day of May, 2014.
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