Vasquez v. Ryan et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION 11 . ORDERED that the Clerk of the Court enter judgment denying and dismissing petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1 ) with prejudice. The C lerk shall terminate this action. Court FINDS: Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Judge Neil V Wake on 7/16/15. (SJF)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Adrian Vasquez,

No. CV-14-00896-PHX-NVW
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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Before the court is the Report and Recommendation (“R&R”) of Magistrate Judge

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David K. Duncan (Doc. 11) regarding petitioner’s Petition for Writ of Habeas Corpus

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filed pursuant to 28 U.S.C. § 2254 (Doc. 1). The R&R recommends that the Petition be

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denied and dismissed with prejudice. The Magistrate Judge advised the parties that they

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had fourteen days to file objections to the R&R. (Doc. 11 at 5.) No objections were

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filed.

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Because the parties did not file objections, the court need not review any of the

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Magistrate Judge’s determinations on dispositive matters. See 28 U.S.C. § 636(b)(1);

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Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003);

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Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any

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review at all . . . of any issue that is not the subject of an objection.”). The absence of a

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timely objection also means that error may not be assigned on appeal to any defect in the

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rulings of the Magistrate Judge on any non-dispositive matters. Fed. R. Civ. P. 72(a) (“A

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party may serve and file objections to the order within 14 days after being served with a

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copy [of the magistrate’s order]. A party may not assign as error a defect in the order not

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timely objected to.”); Simpson v. Lear Astronics Corp., 77 F.3d 1170, 1174 (9th Cir.

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1996); Phillips v. GMC, 289 F.3d 1117, 1120-21 (9th Cir. 2002).

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Notwithstanding the absence of an objection, the court has reviewed the R&R and

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finds that it is well taken. The court will accept the R&R and dismiss the Petition. See

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28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in

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whole or in part, the findings or recommendations made by the magistrate”).

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IT IS THEREFORE ORDERED that Report and Recommendation of the
Magistrate Judge (Doc. 11) is accepted.

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IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying

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and dismissing petitioner’s Petition for Writ of Habeas Corpus filed pursuant to 28

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U.S.C. § 2254 (Doc. 1) with prejudice. The Clerk shall terminate this action.

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Having considered the issuance of a Certificate of Appealability from the order

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denying Petitioner’s Petition for a Writ of Habeas Corpus, the Court FINDS: Certificate

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of Appealability and leave to proceed in forma pauperis on appeal are denied because

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Petitioner has not made a substantial showing of the denial of a constitutional right.

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Dated this 16th day of July, 2015.

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Neil V. Wake
United States District Judge

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