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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jonathan Andrew Arias,
Petitioner,

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ORDER

v.

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No. CV-15-01236-PHX-GMS

Charles Ryan, et al.,

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Respondents.

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Pending before the Court are Petitioner’s Motion for Authorization to Represent

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Petitioner in State Postconviction Proceedings, Motion to Stay Federal Proceeding and

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United States Magistrate Judge Michelle H. Burns’s Report and Recommendation

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(“R&R”). Docs. 20, 23. The R&R recommends that the Court deny the Motions.

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Doc. 23 at 6. The Magistrate Judge advised the parties that they had fourteen days to file

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objections to the R&R and that failure to file timely objections could be considered a

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waiver of the right to obtain review of the R&R. Id. at 6-7 (citing Fed. R. Civ. P. 72,

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6(a), 6(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).

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The parties did not file objections, which relieves the Court of its obligation to

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

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court will accept the R&R and deny the Motions. 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:

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1.

Magistrate Judge Burns’s R&R (Doc. 23) is accepted.

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2.

Petitioner’s Motion for Authorization to Represent Petitioner in State

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Postconviction Proceedings and Motion to Stay Federal Proceedings (Doc. 20) are

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denied.

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Dated this 31st day of May, 2016.

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Honorable G. Murray Snow
United States District Judge

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