Moreno v. Ryan et al
ORDER ADOPTING 18 Magistrate Judge Burns' Report and Recommendation. Petitioner's Amended Petition for Writ of Habeas Corpus, (Doc. 9 ), is DENIED and DISMISSED WITH PREJUDICE. A Certificate of Appealability and leave to proceed in for ma pauperis on appeal are DENIED because the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. The Clerk shall terminate thiscase. Signed by Judge Douglas L Rayes on 12/27/16. (LSP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Angel James Moreno,
Charles L Ryan, et al.,
Before the Court is Petitioner Angel James Moreno’s Amended Petition for Writ
of Habeas Corpus and United States Magistrate Judge Michelle H. Burns’ Report and
Recommendation (R&R). (Docs. 9, 18.) The R&R recommends that the Court deny the
Petition. (Doc. 18 at 14.) The Magistrate Judge advised the parties that they had
fourteen days to file objections to the R&R and that failure to file timely objections could
be considered a waiver of the right to obtain review of the R&R. (Id. at 14-15 (citing
Fed. R. Civ. P. 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).)
Petitioner did not file objections, which relieves the Court of its obligation to
review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149
(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is
not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must
determine de novo any part of the magistrate judge’s disposition that has been properly
objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-
taken. The Court will accept the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1)
(stating that the district court “may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The
district judge may accept, reject, or modify the recommended disposition; receive further
evidence; or return the matter to the magistrate judge with instructions.”).
IT IS ORDERED that Magistrate Judge Burns’ R&R, (Doc. 18), is ACCEPTED.
Petitioner’s Amended Petition for Writ of Habeas Corpus, (Doc. 9), is DENIED and
DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that a Certificate of Appealability and leave to
proceed in forma pauperis on appeal are DENIED because the dismissal of the Petition is
justified by a plain procedural bar and reasonable jurists would not find the ruling
debatable, and because Petitioner has not made a substantial showing of the denial of a
IT IS FURTHER ORDERED that the Clerk of the Court shall terminate this
Dated this 27th day of December, 2016.
Douglas L. Rayes
United States District Judge
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