Velasco-Felix v. Ryan et al

Filing 27

ORDER ACCEPTING REPORT AND RECOMMENDATION 26 - Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is DISMISSED, a Certificate of Appealability is DENIED, and Petitioner may not proceed in forma pauperis on appeal. The Clerk shall terminate this action. (See document for further details). Signed by Judge Douglas L Rayes on 12/28/15. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Noel Velasco-Felix,

No. CV-14-01800-PHX-DLR
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 are Petitioner Noel Velasco-Felix’s Petition for Writ of

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Habeas Corpus and Magistrate Judge John Boyle’s Report and Recommendation

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(“R&R”). (Docs. 1, 26.) The R&R recommends that the Court deny the Petition. (Doc.

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26 at 18.) The Magistrate Judge advised the parties that they had fourteen days to file

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objections to the R&R and that failure to file timely objections could be considered a

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waiver of the right to obtain review of the R&R. (Id. at 18-19 (citing Fed. R. Civ. P.

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

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Neither party filed objections, which relieves the Court of its obligation to review

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the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985)

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(“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the

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subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de

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novo any part of the magistrate judge’s disposition that has been properly objected to.”).

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The Court has nonetheless reviewed the R&R and agrees with Magistrate Judge Boyle’s

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recommendations. The Court will accept the R&R and deny the Petition. See 28 U.S.C.

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§ 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in

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part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3)

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(“The district judge may accept, reject, or modify the recommended disposition; receive

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further evidence; or return the matter to the magistrate judge with instructions.”).

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IT IS ORDERED that Magistrate Judge Boyle’s R&R (Doc. 26) is ACCEPTED,

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Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED, a Certificate of

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Appealability is DENIED, and Petitioner may not proceed in forma pauperis on appeal.

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The Clerk shall terminate this action.

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Dated this 28th day of December, 2015.

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Douglas L. Rayes
United States District Judge

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