Anderson #062997 v. Ryan et al

Filing 17

ORDER: The Report and Recommendation 16 is ADOPTED and the petition for writ of habeas corpus is DENIED. IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because the dismissal of the 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 7/14/2017. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Ira Joe Anderson,
Petitioner,

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ORDER

v.

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No. CV-16-01577-PHX-ROS

Charles L Ryan, et al.,

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Respondents.

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On April 7, 2017, Magistrate Judge Eileen S. Willett issued a Report and

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

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denied and dismissed with prejudice. (Doc. 16.) 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. 16) is ADOPTED and

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the petition for writ of habeas corpus is DENIED.

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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 14th day of July, 2017.

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Honorable Roslyn O. Silver
Senior United States District Judge

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