Tomlinson v. Escapule

Filing 26

ORDER ACEEPTING AND ADOPTING 25 Magistrate Judge Fine's Report and Recommendation. The First Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 9 ) is denied and this action is dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 11/22/16. (EJA)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8

Jeremiah Lee Tomlinson,

9
10

Petitioner,
vs.

11
12
13

Laura Escapule, et al.,
Respondents.

14

)
)
)
)
)
)
)
)
)
)
)
)

No. CV-15-00115-PHX-SPL
ORDER

15

Petitioner Jeremiah Lee Tomlinson has filed a First Amended Petition for Writ of

16

Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 9). The Honorable Deborah M. Fine,

17

United States Magistrate Judge, issued a Report and Recommendation (“R&R”) (Doc.

18

25), recommending that the Court deny the Petition. Judge Fine advised the parties that

19

they had fourteen (14) days to file objections to the R&R and that failure to file timely

20

objections could be considered a waiver of the right to obtain review of the R&R. (Doc.

21

25 at 8); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328

22

F.3d 1114, 1121 (9th Cir. 2003).

23

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

24

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

25

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

26

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

27

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

28

objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

1

taken. The Court will adopt the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1)

2

(stating that the district court “may accept, reject, or modify, in whole or in part, the

3

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

4

district judge may accept, reject, or modify the recommended disposition; receive further

5

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

6

IT IS ORDERED:

7

1.

8
9
10
11
12

That Magistrate Judge Fine’s Report and Recommendation (Doc. 25) is

accepted and adopted by the Court;
2.

That the First Amended Petition for Writ of Habeas Corpus pursuant to 28

U.S.C. § 2254 (Doc. 9) is denied and this action is dismissed with prejudice;
3.

That a certificate of appealability and leave to proceed in forma pauperis on

appeal are denied; and

13

4.

That the Clerk of Court shall terminate this action.

14

Dated this 22nd day of November, 2016.

15
16

Honorable Steven P. Logan
United States District Judge

17
18
19
20
21
22
23
24
25
26
27
28
2