Rivera #245473 v. Ryan et al

Filing 29

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Michael Blas Rivera,
Petitioner,

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ORDER

v.

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No. CV-15-00586-PHX-DLR

Charles L. Ryan, et al.,

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Respondents.

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Pending before the Court is the Report and Recommendation (“R&R”) of

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Magistrate Judge James F. Metcalf, (Doc. 26), regarding Petitioner Michael Rivera’s

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petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, (Doc. 1). The R&R

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recommends that the petition be denied and dismissed with prejudice. The Magistrate

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Judge advised the parties that they had fourteen days to file objections to the R&R. (Doc.

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26 at 40 (citing Fed. R. Civ. P. 72(b).) Rivera timely filed an objection on March 9,

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2016. (Doc. 27.)

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Rivera’s objection states that “Petitioner is somewhat perplexed and confused

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about the Magistrate[’]s report and recommendation. The Petitioner will simply object to

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the Magistrate[’]s findings, and ask the District Court to both review his Writ and grant

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the Petitioner relief.” (Id. at 2.) But the Court is obligated to review only those portions

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of the R&R to which Rivera specifically objects, see Fed. R. Civ. P. 72(b); 28 U.S.C. §

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636(b)(1) (stating that the court must make a de novo determination of those portions of

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the Report and Recommendation to which specific objections are made), and Rivera’s

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objection contains no analysis, cites no case law, and does challenge any specific portion

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of the R&R. Thus, the Court is relieved of its obligation to review the R&R and accepts

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the Magistrate Judge’s conclusions. See Sullivan v. Schriro, No. CV-04-1517-PHX-

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DGC, 2006 WL 1516005, at *1 (D. Ariz. May 30, 2006) (noting that “circuit courts

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rightly hold that general objections to an R & R are tantamount to no objection at all”).

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Accordingly,

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IT IS ORDERED that Magistrate Judge Metcalf’s R&R, (Doc. 26), is

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ACCEPTED and Rivera’s petition for writ of habeas corpus, (Doc. 1), is DENIED. In

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addition, no certificate of appealability shall issue and Rivera is not authorized to appeal

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in forma pauperis. The Clerk shall terminate this action.

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Dated this 20th day of April, 2016.

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Douglas L. Rayes
United States District Judge

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