Mitchell v. Arizona, State of et al

Filing 30

ORDER accepting 29 Report and Recommendation as follows: denying 20 Motion to Stay, Motion to Amend/Correct; Petitioner's Amended Petition for Writ of Habeas Corpus (Doc. 5 ) is dismissed with prejudice; in the event Petitioner files an appeal, issuance of a certificate of appealability is denied; the Clerk shall enter judgment of dismissal with prejudice. Signed by Senior Judge James A Teilborg on 2/21/17.(DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Phillip Mitchell,
Petitioner,

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ORDER

v.

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No. CV-15-02229-PHX-JAT

State of Arizona, et al.,

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Respondents.

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Pending before the Court is Petitioner’s First Amended Petition for Writ of Habeas

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Corpus (“Petition”) and Petitioner’s Motion to Stay/Motion to Amend. (See Doc. 29 at

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1). On January 24, 2017, the Magistrate Judge to whom this case was assigned issued a

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Report and Recommendation (Doc. 29) recommending that the Motion to Stay/Motion to

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Amend be denied and that the Petition be dismissed with prejudice.

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Neither party has filed objections to the Report and Recommendation.

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Accordingly, the Court hereby accepts the Report and Recommendation. See Thomas v.

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Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to conduct

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“any review at all . . . of any issue that is not the subject of an objection” (emphasis

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added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)

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(“statute makes it clear that the district judge must review the magistrate judge’s findings

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and recommendations de novo if objection is made, but not otherwise” (emphasis in

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original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).

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Based on the foregoing,

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc.
29) is ACCEPTED as follows:

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Petitioner’s Motion to Stay/Motion to Amend (Doc. 20) is denied,

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

Petitioner’s Amended Petition for Writ of Habeas Corpus (Doc. 5) is

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dismissed with prejudice,
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in the event Petitioner files an appeal, issuance of a certificate of
appealability is denied (see Doc. 29 at 41-42), and

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Dated this 21st day of February, 2017.

the Clerk of the Court shall enter judgment of dismissal with prejudice.

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