Rivera #245473 v. Ryan et al
ORDER ACCEPTING 26 Magistrate Judge Metcalf's Report and Recommendation and Rivera's petition for writ of habeas corpus, (Doc. 1 ), is DENIED. In addition, no certificate of appealability shall issue and Rivera is not authorized to appeal in forma pauperis. The Clerk shall terminate this action. Signed by Judge Douglas L Rayes on 4/20/16. (LSP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Michael Blas Rivera,
Charles L. Ryan, et al.,
Pending before the Court is the Report and Recommendation (“R&R”) of
Magistrate Judge James F. Metcalf, (Doc. 26), regarding Petitioner Michael Rivera’s
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, (Doc. 1). The R&R
recommends that the petition be denied and dismissed with prejudice. The Magistrate
Judge advised the parties that they had fourteen days to file objections to the R&R. (Doc.
26 at 40 (citing Fed. R. Civ. P. 72(b).) Rivera timely filed an objection on March 9,
2016. (Doc. 27.)
Rivera’s objection states that “Petitioner is somewhat perplexed and confused
about the Magistrate[’]s report and recommendation. The Petitioner will simply object to
the Magistrate[’]s findings, and ask the District Court to both review his Writ and grant
the Petitioner relief.” (Id. at 2.) But the Court is obligated to review only those portions
of the R&R to which Rivera specifically objects, see Fed. R. Civ. P. 72(b); 28 U.S.C. §
636(b)(1) (stating that the court must make a de novo determination of those portions of
the Report and Recommendation to which specific objections are made), and Rivera’s
objection contains no analysis, cites no case law, and does challenge any specific portion
of the R&R. Thus, the Court is relieved of its obligation to review the R&R and accepts
the Magistrate Judge’s conclusions. See Sullivan v. Schriro, No. CV-04-1517-PHX-
DGC, 2006 WL 1516005, at *1 (D. Ariz. May 30, 2006) (noting that “circuit courts
rightly hold that general objections to an R & R are tantamount to no objection at all”).
IT IS ORDERED that Magistrate Judge Metcalf’s R&R, (Doc. 26), is
ACCEPTED and Rivera’s petition for writ of habeas corpus, (Doc. 1), is DENIED. In
addition, no certificate of appealability shall issue and Rivera is not authorized to appeal
in forma pauperis. The Clerk shall terminate this action.
Dated this 20th day of April, 2016.
Douglas L. Rayes
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?