Summerlin #045318 v. United States District Court

Filing 29

ORDER ADOPTING 25 Report and Recommendation. The petition for writ of habeas corpus is DISMISSED without prejudice to refiling upon order of the Ninth Circuit. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because the dismissal of th e petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Senior Judge Roslyn O Silver on 07/31/2017. (KAS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Warren Wesley Summerlin,
Petitioner,

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ORDER

v.

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No. CV-15-02375-PHX-ROS

United States District Court, et al.,

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Respondents.

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On December 13, 2016, Magistrate Judge Michelle H. Burns issued a Report and

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Recommendation (“R&R”) recommending the amended petition for writ of habeas

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corpus be dismissed without prejudice. (Doc. 25.) No objections were filed.

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A district judge “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party

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has filed timely objections to the R&R, the district court’s review of the part objected to

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must be de novo. Id. If, however, no objections are filed, the district court need not

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conduct such a review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz.

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2003). No objections having been filed, the R&R will be adopted in full.

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Accordingly,

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IT IS ORDERED the Report and Recommendation (Doc. 25) is ADOPTED and

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the petition for writ of habeas corpus is DISMISSED without prejudice to refiling upon

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order of the Ninth Circuit.

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IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed

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in forma pauperis on appeal are DENIED because the dismissal of the petition is justified

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by a plain procedural bar and jurists of reason would not find the procedural ruling

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debatable.

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Dated this 31st day of July, 2017.

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Honorable Roslyn O. Silver
Senior United States District Judge

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