Ayers #044539 v. Arizona Department of Corrections et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION re: 16 Report and Recommendation. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is DENIED and DISMISSED WITH PREJUDICE and 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 the Court shall terminate this case. Signed by Judge Douglas L Rayes on 5/10/19. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Mark Anthony Ayers,
Petitioner,

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Arizona Department of Corrections, et al.,

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ORDER

v.

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No. CV-18-01989-PHX-DLR

Respondents.

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Before the Court are Petitioner Mark Anthony Ayers’ Petition for Writ of Habeas

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Corpus and United States Magistrate Judge John Z. Boyle’s Report and Recommendation

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(“R&R”). (Docs. 1, 16.) The R&R recommends that the Court deny the Petition. The

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Magistrate Judge advised the parties that they had fourteen days to file objections to the

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R&R and that failure to file timely objections could be considered a waiver of the right to

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obtain review of the R&R. See Fed. R. Civ. P. 72; United States v. Reyna-Tapia, 328 F.3d

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1114, 1121 (9th Cir. 2003). Petitioner did not file objections, which relieves the Court of

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its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474

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U.S. 140, 149 (1985); Fed. R. Civ. P. 72(b)(3). The Court nonetheless has reviewed the

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R&R and finds that it is well-taken. The Court will accept the R&R and deny the Petition.

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See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).

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IT IS ORDERED that the R&R (Doc. 16) is ACCEPTED. Petitioner’s Petition

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for Writ of Habeas Corpus (Doc. 1) is DENIED and DISMISSED WITH PREJUDICE.

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A Certificate of Appealability and leave to proceed in forma pauperis on appeal are

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DENIED because dismissal of the Petition is justified by a plain procedural bar and jurists

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of reason would not find the ruling debatable. The Clerk of the Court shall terminate this

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case.

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Dated this 10th day of May, 2019.

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Douglas L. Rayes
United States District Judge

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