Danford v. Ryan et al

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATION. That Magistrate Judge Burn's R&R (Doc. 23 ) is accepted and adopted as the order of this Court. FURTHER ORDERED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1 ) is DISMISSED pursuant to Fed.R.Civ.P. 41(b) for failure to prosecute. FURTHER ORDERED that Respondents' Motion to Dismiss (Doc. 19 ) is DENIED as moot. FINALLY ORDERED that the Clerk of Court shall terminate this action and enter judgment accordingly. Signed by Judge Diane J Humetewa on 7/17/15. (MAP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Buford Scott Danford,
Petitioner,

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ORDER

v.

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No. CV-15-00379-PHX-DJH

Charles L. Ryan, et al.,

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Respondents.

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This matter is before the Court on Petitioner’s Petition for Writ of Habeas Corpus

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pursuant to 28 U.S.C. § 2254 (Doc. 1) (the "Petition") and the Report and

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Recommendation (“R&R”) issued by United States Magistrate Judge Michelle H. Burns

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(Doc. 23). The R&R explains that Petitioner was directed in the Screening Order (Doc.

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8) to file and serve a notice of change of address, if applicable, in accordance with Rule

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83.3(d) of the Local Rules of Civil Procedure. Petitioner was warned that if he failed to

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comply with the provisions in the Screening Order, the action would be dismissed

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pursuant to Fed.R.Civ.P. 41(b).

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As further explained in the R&R, the docket for this case reflects that mail sent to

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Plaintiff on June 1, 2015 was returned as undeliverable because Petitioner failed to notify

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the Court of a new address. Judge Burns then issued an Order (Doc. 21) on June 17,

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2015, giving Petitioner ten days to either file a notice of change of address, or show cause

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why the case should not be dismissed for failure to prosecute. Petitioner did not respond

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to the Order, nor has he otherwise communicated with the Court. Because it appears

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Petitioner has abandoned his claims, Judge Burns recommends that the Petition be

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dismissed for failure to prosecute and that Respondents' motion to dismiss be denied as

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moot.

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Judge Burns advised the parties that they had fourteen days to file objections and

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that the failure to file timely objections "may result in the acceptance of the Report and

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Recommendation by the district court without further review." (Doc. 23 at 2) (citing

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United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)). The

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parties have not filed objections and the time to do so has expired.

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objections, the Court is not required to review the findings and recommendations in the

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R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1989) (The relevant provision of the

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Federal Magistrates Act, 28 U.S.C. § 636(b)(1)(C), “does not on its face require any

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review at all . . . of any issue that is not the subject of an objection.”); Reyna-Tapia, 328

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F.3d at 1121 (same); Fed.R.Civ.P. 72(b)(3) (“The district judge must determine de novo

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

Absent any

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Nonetheless, the Court has reviewed the R&R and agrees with its findings and

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recommendations. The Court will, therefore, accept the R&R and dismiss the Petition.

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See 28 U.S.C. § 636(b)(1)(C) (“A judge of the court may accept, reject, or modify, in

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whole or in part, the findings or recommendations made by the magistrate judge.”);

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Fed.R.Civ.P. 72(b)(3) (same).

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Accordingly,

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IT IS ORDERED that Magistrate Judge Burn's R&R (Doc. 23) is accepted and

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adopted as the order of this Court.

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IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus

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pursuant to 28 U.S.C. § 2254 (Doc. 1) is DISMISSED pursuant to Fed.R.Civ.P. 41(b) for

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failure to prosecute.

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IT IS FURTHER ORDERED that Respondents' Motion to Dismiss (Doc. 19) is
DENIED as moot.
IT IS FINALLY ORDERED that the Clerk of Court shall terminate this action

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and enter judgment accordingly.
Dated this 17th day of July, 2015.

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Honorable Diane J. Humetewa
United States District Judge

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