Garcia #243523 v. Ryan et al

Filing 18

ORDER: Magistrate Judge Duncan's R&R 17 is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus 1 is DENIED and DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that a Certificate of Appealability and leave to proceed in forma paupe ris on appeal are DENIED because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. The Clerk of Court shall terminate this case. Signed by Judge Douglas L Rayes on 12/20/2017. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Roberto Ramirez Garcia,

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Petitioner,

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ORDER

v.

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No. CV-16-04517-PHX-DLR

Charles L Ryan, et al.,

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Respondents.

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Before the Court are Petitioner Roberto Ramirez Garcia’s Petition for Writ of

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Habeas Corpus and United States Magistrate Judge David K. Duncan’s Report and

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Recommendation (“R&R”). (Docs. 1, 17.) The R&R recommends that the Court deny

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the Petition. 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 file timely objections could be considered a

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waiver of the right to obtain review of the R&R. See Fed. R. Civ. P. 72; United States v.

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Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Petitioner did not file objections,

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which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d

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at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985); Fed. R. Civ. P. 72(b)(3). The Court

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nonetheless has reviewed the R&R and finds that it is well-taken. The Court will accept

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the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).

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IT IS ORDERED that Magistrate Judge Duncan’s R&R (Doc. 17) is

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

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DISMISSED WITH PREJUDICE.

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IT IS FURTHER ORDERED that a Certificate of Appealability and leave to

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proceed in forma pauperis on appeal are DENIED because dismissal of the Petition is

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

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debatable.

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IT IS FURTHER ORDERED that the Clerk of the Court shall terminate this
case.
Dated this 20th day of December, 2017.

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Douglas L. Rayes
United States District Judge

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