Gonzales v. Moody

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION: Magistrate Judge Boyle's Report and Recommendation (Doc. 12 ) is accepted and adopted by the Court; the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1 ) is denied and dismissed with prejudice; a certificate of appealability and leave to proceed in forma pauperis on appeal are denied; and the Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 1/9/17. (KGM)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Carlos P. Gonzales,

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Petitioner,
vs.

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Chris Moody,
Respondent.

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No. CV-16-01112-PHX-SPL
ORDER

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Petitioner Carlos Gonzales has filed a Petition for Writ of Habeas Corpus pursuant

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to 28 U.S.C. § 2254 (Doc. 1). The Honorable John Z. Boyle, United States Magistrate

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Judge, issued a Report and Recommendation (“R&R”) (Doc. 12), recommending that the

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Court deny the Petition. Judge Boyle advised the parties that they had fourteen (14) days

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to file objections to the R&R and that failure to file timely objections could be considered

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a waiver of the right to obtain review of the R&R. Id.; see also 28 U.S.C. § 636(b)(1);

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Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

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The parties did not file objections, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will therefore adopt the R&R and deny the Petition. See 28 U.S.C. §

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636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in

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part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3)

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(“The district judge may accept, reject, or modify the recommended disposition; receive

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further evidence; or return the matter to the magistrate judge with instructions.”).

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Accordingly,

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IT IS ORDERED:

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1.

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That Magistrate Judge Boyle’s Report and Recommendation (Doc. 12) is

accepted and adopted by the Court;
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That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254

(Doc. 1) is denied and dismissed with prejudice;
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That a certificate of appealability and leave to proceed in forma pauperis on

appeal are denied; and

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4.

That the Clerk of Court shall terminate this action.

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Dated this 9th day of January, 2017.

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Honorable Steven P. Logan
United States District Judge

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