Aguirre v. Ryan et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION: Magistrate Judge Metcalf's R&R (Doc. 19 ) is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is DENIED and DISMISSED WITH PREJUDICE. The Clerk of Court shall TERMINATE this ac tion and enter judgment accordingly. Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Courts procedural ruling debatable. SeeSlack v. McDaniel, 529 U.S. 473, 484 (2000). Signed by Judge G Murray Snow on 9/18/15. (KGM)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Hilario Aguirre,

No. CV-14-02161-PHX-GMS
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’s Petition for Writ of Habeas Corpus (Doc.

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1) and United States Magistrate Judge Metcalf’s Report and Recommendation (AR&R@).

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Doc. 19. The R&R recommends that the Court dismiss with prejudice and deny the

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Petition. Doc. 19 at 25-26. The Magistrate Judge advised the parties that they had

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fourteen days to file objections to the R&R and that failure to file timely objections could

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be considered a waiver of the right to obtain review of the R&R. Id. at 26 (citing Fed. R.

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

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The parties did not file objections, which relieves the Court of its obligation to

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

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(1985) (A[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.@); Fed. R. Civ. P. 72(b)(3) (AThe district judge must

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determine de novo any part of the magistrate judge=s disposition that has been properly

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objected to.@). The Court has nonetheless reviewed the R&R and finds that it is welltaken. The Court will accept the R&R and [deny/grant/dismiss] the Petition/complaint.

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See 28 U.S.C. ' 636(b)(1) (stating that the district court Amay accept, reject, or modify, in

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whole or in part, the findings or recommendations made by the magistrate@); Fed. R. Civ.

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P. 72(b)(3) (AThe district judge may accept, reject, or modify the recommended

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disposition; receive further evidence; or return the matter to the magistrate judge with

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instructions.@).

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IT IS ORDERED:

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1.

Magistrate Judge Metcalf=s R&R (Doc. 19) is ACCEPTED.

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2.

Petitioner=s Petition for Writ of Habeas Corpus (Doc. 1) is DENIED and

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DISMISSED WITH PREJUDICE.
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The Clerk of Court shall TERMINATE this action and enter judgment

accordingly.
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Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the

event Petitioner files an appeal, the Court declines to issue a certificate of appealability
because reasonable jurists would not find the Court’s procedural ruling debatable. See
Slack v. McDaniel, 529 U.S. 473, 484 (2000).
Dated this 18th day of September, 2015.

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Honorable G. Murray Snow
United States District Judge

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