Pierce #232807 v. Ryan et al
ORDER - Magistrate Judge Burns 21 R&R, is ACCEPTED. Petitioner's 1 Petition for Writ of Habeas Corpus, is DENIED and DISMISSED WITH PREJUDICE. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED becau se Petitioner has not made a substantial showing of the denial of a constitutional right, and because the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. The Clerk of the Court shall terminate this case. Signed by Judge Douglas L Rayes on 03/18/2016. (ATD)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
John Balla Pierce,
Charles L. Ryan, et al.,
Before the Court are Petitioner John Balla Pierce’s Petition for Writ of Habeas
Corpus and United States Magistrate Judge Michelle H. Burns’ Report and
Recommendation (“R&R”). (Docs. 1, 21.) The R&R recommends that the Court deny
the Petition. (Doc. 21 at 13.) 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 13-14 (citing
Fed. R. Civ. P. 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).
Petitioner did not file 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 finds that it is well-
taken. 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. 21), is ACCEPTED.
Petitioner’s Petition for Writ of Habeas Corpus, (Doc. 1), is DENIED and DISMISSED
IT IS FURTHER ORDERED that a Certificate of Appealability and leave to
proceed in forma pauperis on appeal are DENIED because Petitioner has not made a
substantial showing of the denial of a constitutional right, and because the dismissal of
the Petition is justified by a plain procedural bar and jurists of reason would not find the
procedural ruling debatable.
IT IS FURTHER ORDERED that the Clerk of the Court shall terminate this
Dated this 18th day of March, 2016.
Douglas L. Rayes
United States District Judge
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