Paxton v. Ryan et al
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION. It is ordered that the Magistrate Judge's Report and Recommendation 23 is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus 1 is denied and dismissed with prejudice. In the event P etitioner files an appeal, issuance of a certificate of appealability is denied because denial of the petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable. Signed by Senior Judge James A Teilborg on 8/14/2015. (ACL)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Bryan Kelly Paxton,
No. CV-14-00197-PHX-JAT
Petitioner,
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v.
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ORDER
Charles L. Ryan, et al.,
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Respondents.
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Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus
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(“Petition”) (Doc. 1).
The Magistrate Judge issued a Report and Recommendation
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(“R&R”) (Doc. 23) recommending that the Petition be denied.
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Neither party has filed objections to the R&R. Accordingly, the Court hereby
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accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district
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courts are not required to conduct “any review at all . . . of any issue that is not the
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subject of an objection” (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114,
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1121 (9th Cir. 2003) (en banc) (“statute makes it clear that the district judge must review
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the magistrate judge’s findings and recommendations de novo if objection is made, but
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not otherwise” (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d
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1219, 1226 (D. Ariz. 2003).
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Based on the foregoing,
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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc.
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23) is ACCEPTED; accordingly,
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Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is denied and dismissed
with prejudice,
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in the event Petitioner files an appeal, issuance of a certificate of appealability is
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denied because denial of the petition is based on a plain procedural bar and jurists
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of reason would not find this Court’s procedural ruling debatable. See Slack v.
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McDaniel, 529 U.S. 473, 484 (2000), and
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the Clerk of the Court shall enter judgment of dismissal with prejudice.
Dated this 14th day of August, 2015.
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