Malmo #132540 v. Ryan et al

Filing 19

ORDER accepting 18 the Report and Recommendation. The petition for writ of habeas corpus (Doc. 1 ) is denied and dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 2/8/16. (EJA)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Daniel Walker Malmo,
Petitioner,

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ORDER

v.

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No. CV14-2396 PHX DGC (JZB)

Charles L. Ryan, et al.,
Respondents.

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Petitioner Daniel Walker Malmo has filed a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. Doc. 1. United States Magistrate John Z. Boyle has issued

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a report and recommendation (“R&R”) recommending that the petition be denied and

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dismissed with prejudice. Doc. 18. No objection has been filed, which relieves the Court

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of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3);

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Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114,

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1121 (9th Cir. 2003). The Court will accept the R&R and deny the petition.

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IT IS ORDERED:

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1.

The R&R (Doc. 18) is accepted.

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2.

The petition for writ of habeas corpus (Doc. 1) is denied and dismissed
with prejudice.

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3.

A certificate of appealability and leave to proceed in forma pauperis on
appeal are denied

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4.

The Clerk is directed to terminate this action.

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Dated this 8th day of February, 2016.

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