Eftenoff v. Ryan et al

Filing 40

ORDER that the Report and Recommendation of the Magistrate Judge (Doc. 35 ) is accepted. FURTHER ORDERED that Petitioner's Motion to Stay and Abey Habeas Proceedings (Doc. 25 ) is denied. This matter remains referred to Magistrate Judge Burns. Signed by Judge Neil V. Wake on 4/28/15. (NKS)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Brian Thomas Eftenoff,
Petitioner,

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ORDER

v.

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No. CV-14-01023-PHX-NVW (MHB)

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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Michelle Burns (Doc. 35) regarding Petitioner’s Motion to Stay and Abey Habeas

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Proceedings (Doc. 25). The R&R recommends that the Motion be denied. Petitioner

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filed objections to that recommendation on March 24, 2015. (Doc. 36.)

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The court has considered the objections and reviewed the R&R de novo. See Fed.

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R. Civ. P. 72(b); 28 U.S.C.§ 636(b)(1) (stating that the court must make a de novo

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determination of those portions of the Report and Recommendation to which specific

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objections are made). The court agrees with the Magistrate Judge’s determinations,

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accepts the recommended decision within the meaning of Rule 72(b), and overrules

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Petitioner’s objections. See 28 U.S.C. § 636(b)(1)(C) (providing that the district court

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“may accept, reject, or modify, in whole or in part, the findings or recommendations

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made by the magistrate”).

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IT IS THEREFORE ORDERED that the Report and Recommendation of the
Magistrate Judge is accepted.

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IT IS FURTHER ORDERED that Petitioner’s Motion to Stay and Abey Habeas
Proceedings (Doc. 25) is denied.

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This matter remains referred to Magistrate Judge Burns.

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Dated this 28th day of April, 2015.

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Neil V. Wake
United States District Judge

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