Salazar #207963 v. Ryan et al

Filing 17

ORDER that Magistrate Judge Boyle's R&R, Doc. 16 , is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus, Doc. 1 , is DENIED and DISMISSED WITH PREJUDICE. 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 constitutional right. IT IS FURTHER ORDERED that the Clerk of the Court shall terminate this case. Signed by Judge Douglas L Rayes on 6/6/2016. (KMG)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Marco Antonio Salazar, 10 Petitioner, 11 ORDER v. 12 No. CV-15-02083-PHX-DLR Charles L Ryan, et al., 13 Respondents. 14 15 16 Before the Court is Petitioner Marco A. Salazar’s Petition for Writ of Habeas 17 Corpus and United States Magistrate Judge John Z. Boyle’s Report and Recommendation 18 (R&R). Docs. 1, 16. The R&R recommends that the Court deny the Petition. Doc. 16 at 19 5. The Magistrate Judge advised the parties that they had fourteen days to file objections 20 to the R&R and that failure to file timely objections could be considered a waiver of the 21 right to obtain review of the R&R. Id. at 6 (citing Fed. R. Civ. P. 72; United States v. 22 Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). 23 which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d 24 at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . 25 require any review at all . . . of any issue that is not the subject of an objection.”); Fed. R. 26 Civ. P. 72(b)(3) (“The district judge must determine de novo any part of the magistrate 27 judge’s disposition that has been properly objected to.”). The Court has nonetheless 28 reviewed the R&R and finds that it is well-taken. The Court will accept the R&R and Petitioner did not file objections, 1 deny the Petition. See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, 2 reject, or modify, in whole or in part, the findings or recommendations made by the 3 magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, or modify 4 the recommended disposition; receive further evidence; or return the matter to the 5 magistrate judge with instructions.”). 6 IT IS ORDERED that Magistrate Judge Boyle’s R&R, Doc. 16, is ACCEPTED. 7 Petitioner’s Petition for Writ of Habeas Corpus, Doc. 1, is DENIED and DISMISSED 8 WITH PREJUDICE. 9 IT IS FURTHER ORDERED that a Certificate of Appealability and leave to 10 proceed in forma pauperis on appeal are DENIED because the dismissal of the Petition is 11 justified by a plain procedural bar and reasonable jurists would not find the ruling 12 debatable, and because Petitioner has not made a substantial showing of the denial of a 13 constitutional right. 14 15 16 IT IS FURTHER ORDERED that the Clerk of the Court shall terminate this case. Dated this 6th day of June, 2016. 17 18 19 20 21 Douglas L. Rayes United States District Judge 22 23 24 25 26 27 28 -2-

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