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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?