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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Michael Cicero,
Petitioner,

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ORDER

v.

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No. CV-17-01213-PHX-JAT

Charles L Ryan, et al.,

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Respondents.

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Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus. The

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Magistrate Judge to whom this case was assigned issued a Report and Recommendation

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(“R&R”) on March 12, 2018 recommending that the Petition in this case be denied.

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Neither party has filed objections to the R&R.

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This Court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). It is “clear that

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the district judge must review the magistrate judge’s findings and recommendations de

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novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d

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1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); Schmidt v. Johnstone, 263

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F.Supp.2d 1219, 1226 (D. Ariz. 2003) (“Following Reyna-Tapia, this Court concludes

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that de novo review of factual and legal issues is required if objections are made, ‘but not

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otherwise.’”); Klamath Siskiyou Wildlands Ctr. v. U.S. Bureau of Land Mgmt., 589 F.3d

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1027, 1032 (9th Cir. 2009) (the district court “must review de novo the portions of the

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[Magistrate Judge=s] recommendations to which the parties object.”). District courts are

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not required to conduct “any review at all . . . of any issue that is not the subject of an

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objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985) (emphasis added); see also 28

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U.S.C. ' 636(b)(1) (“the court shall make a de novo determination of those portions of

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the [report and recommendation] to which objection is made.”).

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As a result of the foregoing,

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IT IS ORDERED that the Report and Recommendation (Doc. 13) is accepted and

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adopted. The Petition is denied and dismissed, with prejudice. The Clerk of the Court

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shall enter judgment accordingly.

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Dated this 11th day of April, 2018.

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