Curtis v. Ryan et al

Filing 30

ORDER: Magistrate Judge Boyle's Report and Recommendation 20 is accepted and adopted by the Court. The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 1 is denied and dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 5/10/2018. (REK)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Mark-Anthony Curtis, 9 10 Petitioner, vs. 11 12 Charles L. Ryan, et al., Respondents. 13 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-16-04121-PHX-SPL ORDER 15 Petitioner Mark-Anthony Curtis has filed a Petition for Writ of Habeas Corpus 16 pursuant to 28 U.S.C. § 2254 (Doc. 1). The Honorable John Z. Boyle, United States 17 Magistrate Judge, issued a Report and Recommendation (“R&R”) (Doc. 20), 18 recommending that the Court deny the Petition. Judge Boyle advised the parties that they 19 had fourteen (14) days to file objections to the R&R and that failure to file timely 20 objections could be considered a waiver of the right to obtain review of the R&R. (Doc. 21 20) (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 22 328 F.3d 1114, 1121 (9th Cir. 2003)). Petitioner requested extensions of time to file an 23 objection, which the Court granted, setting May 4, 2018 as the deadline. (Docs. 23, 26, 24 29.) 25 To date, no party has filed an objection, which relieves the Court of its obligation 26 to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 27 149 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue 28 that is not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge 1 must determine de novo any part of the magistrate judge’s disposition that has been 2 properly objected to.”). The Court has nonetheless reviewed the R&R and finds that it is 3 well-taken. The Court will adopt the R&R and deny the Petition. See 28 U.S.C. § 4 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in 5 part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) 6 (“The district judge may accept, reject, or modify the recommended disposition; receive 7 further evidence; or return the matter to the magistrate judge with instructions.”). 8 Accordingly, 9 10 11 12 13 14 15 IT IS ORDERED: 1. That Magistrate Judge Boyle’s Report and Recommendation (Doc. 20) is accepted and adopted by the Court; 2. That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) is denied and dismissed with prejudice; 3. That a certificate of appealability and leave to proceed in forma pauperis on appeal are denied; and 16 4. That the Clerk of Court shall terminate this action. 17 Dated this 10th day of May, 2018. 18 19 Honorable Steven P. Logan United States District Judge 20 21 22 23 24 25 26 27 28 2

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