Bone v. Arizona Department of Corrections et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION. Magistrate Judge Boyle's 18 R&R is ACCEPTED. Petitioner's 1 Petition for Writ of Habeas Corpus is DISMISSED with prejudice. The Clerk of the Court shall terminate this case. Signed by Judge Douglas L Rayes on 7/31/18. (GMP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jonathan James Bone,
Petitioner,

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Arizona Department of Corrections, et al.,

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ORDER

v.

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No. CV-17-02846-PHX-DLR

Respondents.

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Before the Court is Petitioner Jonathan James Bone’s Petition for Writ of Habeas

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Corpus pursuant to 28 U.S.C. § 2254 and United States Magistrate Judge John Z. Boyle’s

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Report and Recommendation (“R&R”). (Docs. 1, 18.) The R&R recommends that the

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Court deny the Petition and dismiss with prejudice. The Magistrate Judge advised the

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parties that they had fourteen days to file objections to the R&R and that failure to file

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timely objections could be considered a waiver of the right to obtain review of the R&R.

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See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Petitioner did

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not file objections, which relieves the Court of its obligation to review the R&R. See

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Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section

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636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of

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an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de novo any

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part of the magistrate judge’s disposition that has been properly objected to.”). The Court

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has nonetheless 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 and dismiss with prejudice. See 28 U.S.C. § 636(b)(1)

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(stating that the district court “may accept, reject, or modify, in whole or in part, the

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findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The

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district judge may accept, reject, or modify the recommended disposition; receive further

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evidence; or return the matter to the magistrate judge with instructions.”).

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IT IS ORDERED that Magistrate Judge Boyle’s R&R (Doc. 18) is ACCEPTED.

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Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1.) is DISMISSED with prejudice.

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The Clerk of the Court shall terminate this case.

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Dated this 31st day of July, 2018.

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Douglas L. Rayes
United States District Judge

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