Arias #175970 v. Ryan et al

Filing 35

ORDER ACCEPTING REPORT AND RECOMMENDATION 23 . Petitioner's Motion for Authorization to Represent Petitioner in State Post conviction Proceedings and Motion to Stay Federal Proceedings (Doc. 20 ) are denied. (See document for further details). Signed by Judge G Murray Snow on 5/31/16. (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 Jonathan Andrew Arias, Petitioner, 10 11 ORDER v. 12 No. CV-15-01236-PHX-GMS Charles Ryan, et al., 13 Respondents. 14 15 Pending before the Court are Petitioner’s Motion for Authorization to Represent 16 Petitioner in State Postconviction Proceedings, Motion to Stay Federal Proceeding and 17 United States Magistrate Judge Michelle H. Burns’s Report and Recommendation 18 (“R&R”). Docs. 20, 23. The R&R recommends that the Court deny the Motions. 19 Doc. 23 at 6. 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 6-7 (citing Fed. R. Civ. P. 72, 22 6(a), 6(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). 23 The parties did not file objections, which relieves the Court of its obligation to 24 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 25 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 26 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 27 determine de novo any part of the magistrate judge’s disposition that has been properly 28 objected to.”). The Court will accept the R&R and deny the Motions. See 28 U.S.C. § 1 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in 2 part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) 3 (“The district judge may accept, reject, or modify the recommended disposition; receive 4 further evidence; or return the matter to the magistrate judge with instructions.”). 5 IT IS ORDERED: 6 1. Magistrate Judge Burns’s R&R (Doc. 23) is accepted. 7 2. Petitioner’s Motion for Authorization to Represent Petitioner in State 8 Postconviction Proceedings and Motion to Stay Federal Proceedings (Doc. 20) are 9 denied. 10 Dated this 31st day of May, 2016. 11 12 13 Honorable G. Murray Snow United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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