Loomis #206936 v. Ryan et al

Filing 22

ORDER: The Magistrate Judge's Report and Recommendation (Doc. 15 ) is ACCEPTED; accordingly; Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is denied and dismissed with prejudice; in the event Petitioner files an appeal, issuance of a certificate of appealability is denied and; the Clerk of the Court shall enter judgment of dismissal with prejudice. Signed by Senior Judge James A Teilborg on 3/29/2016. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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John Charles Loomis,
Petitioner,

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ORDER

v.

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No. CV-14-00445-PHX-JAT

Charles L. Ryan, et al.,

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Respondents.

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Pending before this Court is Petitioner’s Petition for Writ of Habeas Corpus.

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(Doc. 1). The Magistrate Judge to whom this case was assigned issued a Report and

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Recommendation (R&R) recommending that this Court deny the Petition and issuance of

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a certificate of appealability. (Doc. 15).

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Neither party has filed objections to the R&R.1 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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Petitioner received an extension of time to file his objections, but the extended
deadline has expired. (Doc. 21).

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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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15) 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 denied, and

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$

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Dated this 29th day of March, 2016.

the Clerk of the Court shall enter judgment of dismissal with prejudice.

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