Recio #203995 v. Unknown Party

Filing 26

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 25 - The Second Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 11 ) is denied and this action is dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk of Court shall terminate this action. (See document for further details). Signed by Judge Steven P Logan on 11/8/16. (LAD)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Martin Recio, 9 10 Petitioner, vs. 11 12 13 Unknown Party, et al., Respondents. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-15-01689-PHX-SPL ORDER 15 Petitioner Martin Recio has filed a Second Amended Petition for Writ of Habeas 16 Corpus pursuant to 28 U.S.C. § 2254 (Doc. 11). The Honorable John Z. Boyle, United 17 States Magistrate Judge, issued a Report and Recommendation (“R&R”) (Doc. 25), 18 recommending that the Court deny the Petition. Judge Boyle advised the parties that they 19 had fourteen (14) days to file objections to the R&R and that failure to file timely 20 objections could be considered a waiver of the right to obtain review of the R&R. (Id.); 21 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 22 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 has nonetheless reviewed the R&R and finds that it is well- 1 taken. The Court will adopt the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1) 2 (stating that the district court “may accept, reject, or modify, in whole or in part, the 3 findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The 4 district judge may accept, reject, or modify the recommended disposition; receive further 5 evidence; or return the matter to the magistrate judge with instructions.”). Accordingly, 6 IT IS ORDERED: 7 1. 8 9 10 11 12 That Magistrate Judge John Z. Boyle’s Report and Recommendation (Doc. 25) is accepted and adopted by the Court; 2. That the Second Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 11) is denied and this action is dismissed with prejudice; 3. That a certificate of appealability and leave to proceed in forma pauperis on appeal are denied; and 13 4. That the Clerk of Court shall terminate this action. 14 Dated this 8th day of November, 2016. 15 16 Honorable Steven P. Logan United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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