Elzy v. Ryan et al
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION: Magistrate Judge Boyle's Report and Recommendation 25 is accepted; Petitioner's Petition for Writ of Habeas Corpus 1 is denied and dismissed with prejudice; the Clerk shall terminate this action and enter judgment accordingly; in the event Petitioner files an appeal, the Court declines to issue a Certificate of Appealability because reasonable jurists would not find the Court's procedural ruling debatable. Signed by Judge G Murray Snow on 3/30/17. (REW)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Gregory Elzy,
Petitioner,
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ORDER
v.
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No. CV-16-01490-PHX-GMS
Charles L Ryan, et al.,
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Respondents.
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Pending before the Court are Petitioner’s Petition for Writ of Habeas Corpus and
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United States Magistrate Judge John Z. Boyle’s Report and Recommendation (“R&R”)
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(Docs. 1, 25). The R&R recommends that the Court deny and dismiss the Petition with
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prejudice. Doc. 25 at 5-6. The Magistrate Judge advised the parties that they had ten
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days to file objections to the R&R and that failure to file timely objections could be
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considered a waiver of the right to obtain review of the R&R. Id. at 6 (citing 28 U.S.C. §
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636(b)(1); Fed. R. Civ. P. 72, 6(a), 6(b); United States v. Reyna-Tapia, 328 F.3d 1114,
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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 accept the R&R and deny and dismiss the Petition with prejudice.
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See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in
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whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ.
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P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended
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disposition; receive further evidence; or return the matter to the magistrate judge with
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instructions.”).
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IT IS ORDERED:
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Magistrate Judge Boyle’s R&R (Doc.25) is ACCEPTED.
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Petitioner’s Petition for Writ of Habeas Corpus (Doc.1) is DENIED and
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DISMISSED WITH PREJUDICE.
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The Clerk of Court shall TERMINATE this action and enter judgment
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accordingly.
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Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the
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event Petitioner files an appeal, the Court declines to issue a certificate of appealability
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because reasonable jurists would not find the Court’s procedural ruling debatable. See
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Slack v. McDaniel, 529 U.S. 473, 484 (2000).
Dated this 30th day of March, 2017.
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Honorable G. Murray Snow
United States District Judge
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