Clinkenbeard v. Montgomery et al

Filing 28

ORDER: The Magistrate Judge's Report and Recommendation (Doc. 25 ) is ACCEPTED; accordingly: Petitioner's Petition for Writ of Habeas Corpus is denied and dismissed with prejudice; in the event Petitioner files an appeal, issuance of a certificate of appealability is denied for the reasons stated in the R&R, and;the Clerk of the Court shall enter judgment of dismissal with prejudice. Signed by Senior Judge James A Teilborg on 10/19/2016. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Thomas Clinkenbeard,
Petitioner,

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Charles L Ryan, and Unknown Macadori,

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ORDER

v.

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No. CV-15-01538-PHX-JAT

Respondents.

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Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus
(“Petition”). The Magistrate Judge issued a Report and Recommendation (“R&R”) (Doc.
25) recommending that the Petition be denied.
Neither party has filed objections to the R&R. Accordingly, the Court hereby
accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district
courts are not required to conduct “any review at all . . . of any issue that is not the
subject of an objection” (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114,
1121 (9th Cir. 2003) (en banc) (“statute makes it clear that the district judge must review
the magistrate judge’s findings and recommendations de novo if objection is made, but
not otherwise” (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d
1219, 1226 (D. Ariz. 2003).
Based on the foregoing,
IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc.

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25) is ACCEPTED; accordingly,

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prejudice,

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denied for the reasons stated in the R&R, and

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Petitioner’s Petition for Writ of Habeas Corpus is denied and dismissed with

in the event Petitioner files an appeal, issuance of a certificate of appealability is

the Clerk of the Court shall enter judgment of dismissal with prejudice.
Dated this 19th day of October, 2016.

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