Adolf #270175 v. O'Neil et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION: the 19 Report and Recommendation of the Magistrate Judge 19 is accepted; having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a Writ of H abeas Corpus, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied; the Clerk shall enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, (Doc. 1), with prejudice, and shall terminate this action. Signed by Judge Douglas L Rayes on 5/20/16. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Thomas Christopher Adolf,
Petitioner,

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ORDER

v.

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No. CV-15-01030-PHX-DLR

Unknown O'Neil, et al.,

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Respondents.

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Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge

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Eileen S. Willett, (Doc. 19), regarding Petitioner’s Petition for Writ of Habeas Corpus

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filed pursuant to 28 U.S.C. § 2254, (Doc. 1). The R&R recommends that the petition be

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denied and dismissed with prejudice. The Magistrate Judge advised the parties that they

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had fourteen days to file objections to the R&R. (Doc. 19 at 21 (citing 28 U.S.C. §

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636(b)(1); Fed. R. Civ. P. 6, 72).) Petitioner filed his “Objection to the Magistrate

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Judge’s Report and Recommendation” on May 9, 2016. (Doc. 21.)

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The Court has considered the objections and reviewed the R&R de novo. See Fed.

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R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that the court must make a de novo

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determination of those portions of the R&R to which specific objections are made). The

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Court agrees with the Magistrate Judge’s determinations, accepts the recommended

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decision within the meaning of Rule 72(b), and overrules Petitioner’s objections. See 28

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

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or in part, the findings or recommendations made by the magistrate”).

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IT IS ORDERED that the R&R of the Magistrate Judge, (Doc. 19), is

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ACCEPTED. Having considered the issuance of a Certificate of Appealability from the

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order denying Petitioner’s Petition for a Writ of Habeas Corpus, a Certificate of

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Appealability and leave to proceed in forma pauperis on appeal are DENIED.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment

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denying and dismissing Petitioner’s Petition for Writ of Habeas Corpus filed pursuant to

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28 U.S.C. § 2254, (Doc. 1), with prejudice, and shall terminate this action.

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Dated this 20th day of May, 2016.

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Douglas L. Rayes
United States District Judge

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