Inzunza v. Hacker-Agnew et al

Filing 35

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 34 - The Petition in this case is dismissed, without prejudice, and the Clerk of the Court shall enter judgment accordingly. IT IS FURTHER ORDERED that, in the event Petitioner files an appea l, issuance of a certificate of appealability is denied because jurists of reason would not find this Court's procedural ruling debatable. See generally Slack v. McDaniel, 529 U.S. 473, 484 (2000). (See document for further details). Signed by Senior Judge James A Teilborg on 6/12/17. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Gildardo Gonzales Inzunza,
Petitioner,

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Carla Hacker-Agnew, et al.,

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ORDER

v.

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No. CV-16-01337-PHX-JAT

Respondents.

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Pending before this Court is the Report and Recommendation (R&R) from the

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Magistrate Judge to whom this case was assigned recommending that the Petition in this

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case be dismissed, without prejudice, for failure to prosecute. (Doc. 34). No party has

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filed an objection to the R&R. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121

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(9th Cir. 2003) (en banc). Accordingly,

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IT IS ORDERED that the R&R (Doc. 34) is accepted and adopted. The Petition

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in this case is dismissed, without prejudice, and the Clerk of the Court shall enter

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judgment accordingly.

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IT IS FURTHER ORDERED that, in the event Petitioner files an appeal,

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issuance of a certificate of appealability is denied because jurists of reason would not find

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this Court’s procedural ruling debatable. See generally Slack v. McDaniel, 529 U.S. 473,

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484 (2000).

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Dated this 12th day of June, 2017.

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