Sherman v. Broderick et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION re: 21 Report and Recommendation. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is denied and dismissed with prejudice. In the event Petitioner files an appeal, issuance of a certificate of appealability is denied because denial of the Petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable. The Clerk shall enter judgment of dismissal with prejudice. Signed by Senior Judge James A Teilborg on 6/12/17. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Roy Gene Sherman, Jr.,

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Petitioner,

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ORDER

v.

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No. CV-16-01794-PHX-JAT

Barbara Broderick, et al.,

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Respondents.

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Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus

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(“Petition”) (Doc. 1). The Magistrate Judge to whom this case was assigned issued a

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Report and Recommendation (“R&R”) (Doc. 21) recommending that the Petition be

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denied because it is barred by the statute of limitations.

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Neither party has filed objections to the R&R. Accordingly, the Court hereby

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accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district

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courts are not required to conduct “any review at all . . . of any issue that is not the

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subject of an objection” (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114,

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1121 (9th Cir. 2003) (en banc) (“statute makes it clear that the district judge must review

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the magistrate judge’s findings and recommendations de novo if objection is made, but

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not otherwise” (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d

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1219, 1226 (D. Ariz. 2003).

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Based on the foregoing,

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc.

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21) is ACCEPTED; accordingly,

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with prejudice,

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denied because denial of the Petition is based on a plain procedural bar and jurists of

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reason would not find this Court’s procedural ruling debatable. See Slack v. McDaniel,

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529 U.S. 473, 484 (2000), and

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Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is denied and dismissed

in the event Petitioner files an appeal, issuance of a certificate of appealability is

the Clerk of the Court shall enter judgment of dismissal with prejudice.
Dated this 12th day of June, 2017.

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