Cowan v. Escapule
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Reuben Charles Cowan,
Laura Escapule, et al.,
Pending before the Court are Petitioner Reuben Cowan’s Amended Petition for
Writ of Habeas Corpus and Magistrate Judge Michelle Burns’ Report and
Recommendation (“R&R”). (Docs. 4, 15.) The R&R recommends that the Court deny
the Petition. (Doc. 15 at 17.) The Magistrate Judge advised the parties that they had
fourteen days to file objections to the R&R and that failure to file timely objections could
be considered a waiver of the right to obtain review of the R&R. (Id. at 16-17 (citing
Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.
Neither party filed objections, which relieves the Court of its obligation to review
the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985)
(“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the
subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de
novo any part of the magistrate judge’s disposition that has been properly objected to.”).
The Court has nonetheless reviewed the R&R and agrees with Magistrate Judge Burns’
recommendations. The Court will accept the R&R and deny the Petition. See 28 U.S.C.
§ 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3)
(“The district judge may accept, reject, or modify the recommended disposition; receive
further evidence; or return the matter to the magistrate judge with instructions.”).
IT IS ORDERED that Magistrate Judge Burns’ R&R (Doc. 15) is ACCEPTED,
Petitioner’s Amended Petition for Writ of Habeas Corpus (Doc. 4) is DISMISSED, a
Certificate of Appealability is DENIED, and Petitioner may not proceed in forma
pauperis on appeal. The Clerk shall terminate this action.
Dated this 19th day of May, 2016.
Douglas L. Rayes
United States District Judge
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