Avriett v. Ryan et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION re: 15 Report and Recommendation and the Petition for Writ of Habeas Corpus (Doc. 1 ) is DENIED with prejudice. Petitioner's 13 Motion for Stay and Abey is DENIED. 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 9/29/17. (DXD)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Tyrone Dejon Avriett,
Petitioner,

10
11

ORDER

v.

12

No. CV-16-04265-PHX-ROS

Charles L Ryan, et al.,

13

Respondents.

14
15

On May 19, 2016, Magistrate Judge Michelle Burns issued a Report and

16

Recommendation (“R&R”) recommending the petitioner’s motion for stay and abey be

17

denied. (Doc. 15.) The R&R also recommended the petition for writ of habeas corpus be

18

denied and dismissed with prejudice. (Id.) No objections were filed.

19

A district judge “may accept, reject, or modify, in whole or in part, the findings or

20

recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party

21

has filed timely objections to the R&R, the district court’s review of the part objected to

22

must be de novo. Id. If, however, no objections are filed, the district court need not

23

conduct such a review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz.

24

2003). No objections having been filed, the R&R will be adopted in full.

25

Accordingly,

26

IT IS ORDERED the Report and Recommendation (Doc. 15) is ADOPTED and

27
28

the petition for writ of habeas corpus (Doc. 1) is DENIED with prejudice.
IT IS FURTHER ORDERED petitioner’s motion for stay and abey is DENIED.

1

IT IS FURTHER ORDERED a certificate of appealability and leave to proceed

2

in forma pauperis on appeal are DENIED because the dismissal of the petition is justified

3

by a plain procedural bar and jurists of reason would not find the procedural ruling

4

debatable.

5

Dated this 29th day of September, 2017.

6
7
8

Honorable Roslyn O. Silver
Senior United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-