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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Michael Blas Rivera, Petitioner, 10 11 ORDER v. 12 No. CV-15-00586-PHX-DLR Charles L. Ryan, et al., 13 Respondents. 14 15 16 Pending before the Court is the Report and Recommendation (“R&R”) of 17 Magistrate Judge James F. Metcalf, (Doc. 26), regarding Petitioner Michael Rivera’s 18 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, (Doc. 1). The R&R 19 recommends that the petition be denied and dismissed with prejudice. The Magistrate 20 Judge advised the parties that they had fourteen days to file objections to the R&R. (Doc. 21 26 at 40 (citing Fed. R. Civ. P. 72(b).) Rivera timely filed an objection on March 9, 22 2016. (Doc. 27.) 23 Rivera’s objection states that “Petitioner is somewhat perplexed and confused 24 about the Magistrate[’]s report and recommendation. The Petitioner will simply object to 25 the Magistrate[’]s findings, and ask the District Court to both review his Writ and grant 26 the Petitioner relief.” (Id. at 2.) But the Court is obligated to review only those portions 27 of the R&R to which Rivera specifically objects, see Fed. R. Civ. P. 72(b); 28 U.S.C. § 28 636(b)(1) (stating that the court must make a de novo determination of those portions of 1 the Report and Recommendation to which specific objections are made), and Rivera’s 2 objection contains no analysis, cites no case law, and does challenge any specific portion 3 of the R&R. Thus, the Court is relieved of its obligation to review the R&R and accepts 4 the Magistrate Judge’s conclusions. See Sullivan v. Schriro, No. CV-04-1517-PHX- 5 DGC, 2006 WL 1516005, at *1 (D. Ariz. May 30, 2006) (noting that “circuit courts 6 rightly hold that general objections to an R & R are tantamount to no objection at all”). 7 Accordingly, 8 IT IS ORDERED that Magistrate Judge Metcalf’s R&R, (Doc. 26), is 9 ACCEPTED and Rivera’s petition for writ of habeas corpus, (Doc. 1), is DENIED. In 10 addition, no certificate of appealability shall issue and Rivera is not authorized to appeal 11 in forma pauperis. The Clerk shall terminate this action. 12 Dated this 20th day of April, 2016. 13 14 15 16 17 Douglas L. Rayes United States District Judge 18 19 20 21 22 23 24 25 26 27 28 -2-

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