Contreras #170330 v. Ryan et al
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION - Magistrate Judge Willett's Report and Recommendation (Doc. 26 ) is accepted and adopted by the Court. The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254(Doc. 1 ) is denied and dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis onappeal are denied. The Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 11/20/2018. (KAS)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Edgar Contreras,
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Petitioner,
vs.
Charles Ryan, et al.,
Respondents.
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No. CV-17-00923-PHX-SPL
ORDER
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Petitioner Edgar Contreras has filed a Petition for Writ of Habeas Corpus pursuant
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to 28 U.S.C. § 2254 (Doc. 1). The Honorable Eileen S. Willett, United States Magistrate
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Judge, issued a Report and Recommendation (“R&R”) (Doc. 26), recommending that the
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Court deny the Petition. Judge Willett advised the parties that they had fourteen (14) days
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to file objections to the R&R and that failure to file timely objections could be considered
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a waiver of the right to obtain review of the R&R. Id. at 8 (citing 28 U.S.C. § 636(b)(1);
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Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).
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The parties did not file objections, which relieves the Court of its obligation to
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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149
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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is
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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must
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determine de novo any part of the magistrate judge’s disposition that has been properly
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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-taken.
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The Court will adopt the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1) (stating
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that the district court “may accept, reject, or modify, in whole or in part, the findings or
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recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge
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may accept, reject, or modify the recommended disposition; receive further evidence; or
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return the matter to the magistrate judge with instructions.”). Accordingly,
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IT IS ORDERED:
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1.
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That Magistrate Judge Willett’s Report and Recommendation (Doc. 26) is
accepted and adopted by the Court;
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That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254
(Doc. 1) is denied and dismissed with prejudice;
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That a certificate of appealability and leave to proceed in forma pauperis on
appeal are denied; and
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4.
That the Clerk of Court shall terminate this action.
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Dated this 20th day of November, 2018.
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Honorable Steven P. Logan
United States District Judge
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