Dickenson v. Ryan et al

Filing 10

ORDER ADOPTING 9 Magistrate Judge Willett's Report and Recommendation. Petitioner's petition for writ of habeas corpus (Doc. 1 ) is DENIED and DISMISSED with prejudice. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED. The Clerk shall enter judgment accordingly and terminate this action. Signed by Judge Douglas L Rayes on 6/6/17. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Joseph Dickenson,
Petitioner,

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ORDER

v.

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No. CV-16-02390-PHX-DLR (ESW)

Charles Ryan; and the Attorney General of
the State of Arizona,

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Respondents.

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Petitioner Joseph Dickenson was found guilty by a jury on multiple counts of

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identity theft, money laundering, forgery, and fraud. He presently is confined in the

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Arizona State Prison-Kingman serving his eight-year sentence. Before the Court are his

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petition for writ of habeas corpus (Doc. 1) and the Report and Recommendation (R&R)

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of Magistrate Judge Eileen S. Willett recommending that the petition be denied (Doc. 9).

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The Magistrate Judge advised the parties that they had fourteen days to file

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objections to the R&R and that failure to do so may result in acceptance of the R&R

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without further review. (Doc. 9 at 9 (citing United States v. Reyna-Tapia, 328 F.3d 1114,

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1121 (9th Cir. 2003)). Petitioner has filed no objection, which relieves the Court of its

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obligation to review the R&R. See id; Thomas v. Arn, 474 U.S. 140, 149 (1985); 28

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U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). The Court has nonetheless reviewed the

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R&R and finds it to be well-taken. The Court will accept the R&R and deny the petition.

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IT IS ORDERED that Magistrate Judge Willett’s R&R (Doc. 9) is ACCEPTED

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and Petitioner’s petition for writ of habeas corpus (Doc. 1) is DENIED and DISMISSED

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with prejudice. A Certificate of Appealability and leave to proceed in forma pauperis on

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appeal are DENIED. The Clerk shall enter judgment accordingly and terminate this

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action.

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Dated this 6th day of June, 2017.

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Douglas L. Rayes
United States District Judge

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