Hussak v. Ryan et al

Filing 22

ORDER ACCEPTING REPORT AND RECOMMENDATION 21 : Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED, a Certificate ofAppealability is DENIED, and Petitioner may not proceed in forma pauperis on appeal.The Clerk shall terminate this action. (See document for further details). Signed by Judge Douglas L Rayes on 5/6/16. (LAD)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Martin Edward Hussak, 10 Petitioner, 11 ORDER v. 12 No. CV-15-00716-PHX-DLR Charles L Ryan, et al., 13 Respondents. 14 15 16 Pending before the Court are Petitioner Martin Hussak’s Petition for Writ of 17 Habeas Corpus and Magistrate Judge John Boyle’s Report and Recommendation 18 (“R&R”). (Docs. 1, 21.) The R&R recommends that the Court deny the Petition. (Doc. 19 21 at 15.) The Magistrate Judge advised the parties that they had fourteen days to file 20 objections to the R&R and that failure to file timely objections could be considered a 21 waiver of the right to obtain review of the R&R. (Id. at 16 (citing Fed. R. Civ. P. 72(b); 22 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). 23 Neither party filed objections, which relieves the Court of its obligation to review 24 the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) 25 (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the 26 subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de 27 novo any part of the magistrate judge’s disposition that has been properly objected to.”). 28 The Court has nonetheless reviewed the R&R and agrees with Magistrate Judge Boyle’s 1 recommendations. The Court will accept the R&R and deny the Petition. See 28 U.S.C. 2 § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in 3 part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) 4 (“The district judge may accept, reject, or modify the recommended disposition; receive 5 further evidence; or return the matter to the magistrate judge with instructions.”). 6 IT IS ORDERED that Magistrate Judge Boyle’s R&R (Doc. 21) is ACCEPTED, 7 Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED, a Certificate of 8 Appealability is DENIED, and Petitioner may not proceed in forma pauperis on appeal. 9 The Clerk shall terminate this action. 10 Dated this 6th day of May, 2016. 11 12 13 14 15 Douglas L. Rayes United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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