Cowan v. Escapule

Filing 16

ORDER - Magistrate Judge Burns' 15 R&R is ACCEPTED, Petitioner's 4 Amended Petition for Writ of Habeas Corpus is DISMISSED, a Certificate of Appealability is DENIED, and Petitioner may not proceed in forma pauperis on appeal. The Clerk shall terminate this action. Signed by Judge Douglas L Rayes on 05/19/2016. (ATD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Reuben Charles Cowan,

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Petitioner,

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ORDER

v.

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No. CV-15-00756-PHX-DLR

Laura Escapule, et al.,

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Respondents.

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Pending before the Court are Petitioner Reuben Cowan’s Amended Petition for

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Writ of Habeas Corpus and Magistrate Judge Michelle Burns’ Report and

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Recommendation (“R&R”). (Docs. 4, 15.) The R&R recommends that the Court deny

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the Petition. (Doc. 15 at 17.) The Magistrate Judge advised the parties that they had

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fourteen days to file objections to the R&R and that failure to file timely objections could

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be considered a waiver of the right to obtain review of the R&R. (Id. at 16-17 (citing

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Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

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2003)).

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Neither party filed objections, which relieves the Court of its obligation to review

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the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985)

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(“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the

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subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de

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

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The Court has nonetheless reviewed the R&R and agrees with Magistrate Judge Burns’

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recommendations. The Court will accept the R&R and deny the Petition. See 28 U.S.C.

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§ 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in

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part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3)

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(“The district judge may accept, reject, or modify the recommended disposition; receive

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further evidence; or return the matter to the magistrate judge with instructions.”).

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IT IS ORDERED that Magistrate Judge Burns’ R&R (Doc. 15) is ACCEPTED,

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Petitioner’s Amended Petition for Writ of Habeas Corpus (Doc. 4) is DISMISSED, a

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Certificate of Appealability is DENIED, and Petitioner may not proceed in forma

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pauperis on appeal. The Clerk shall terminate this action.
Dated this 19th day of May, 2016.

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Douglas L. Rayes
United States District Judge

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