Cicero v. Ryan et al

Filing 14

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION re: 13 Report and Recommendation. The Petition is denied and dismissed, with prejudice. The Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge James A Teilborg on 4/11/2018. (ATD)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Michael Cicero, Petitioner, 10 11 ORDER v. 12 No. CV-17-01213-PHX-JAT Charles L Ryan, et al., 13 Respondents. 14 15 Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus. The 16 Magistrate Judge to whom this case was assigned issued a Report and Recommendation 17 (“R&R”) on March 12, 2018 recommending that the Petition in this case be denied. 18 Neither party has filed objections to the R&R. 19 This Court “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)(1). It is “clear that 21 the district judge must review the magistrate judge’s findings and recommendations de 22 novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 23 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); Schmidt v. Johnstone, 263 24 F.Supp.2d 1219, 1226 (D. Ariz. 2003) (“Following Reyna-Tapia, this Court concludes 25 that de novo review of factual and legal issues is required if objections are made, ‘but not 26 otherwise.’”); Klamath Siskiyou Wildlands Ctr. v. U.S. Bureau of Land Mgmt., 589 F.3d 27 1027, 1032 (9th Cir. 2009) (the district court “must review de novo the portions of the 28 [Magistrate Judge=s] recommendations to which the parties object.”). District courts are 1 not required to conduct “any review at all . . . of any issue that is not the subject of an 2 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985) (emphasis added); see also 28 3 U.S.C. ' 636(b)(1) (“the court shall make a de novo determination of those portions of 4 the [report and recommendation] to which objection is made.”). 5 As a result of the foregoing, 6 IT IS ORDERED that the Report and Recommendation (Doc. 13) is accepted and 7 adopted. The Petition is denied and dismissed, with prejudice. The Clerk of the Court 8 shall enter judgment accordingly. 9 Dated this 11th day of April, 2018. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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