Nash v. Ryan

Filing 22

ORDER adopting 20 Report and Recommendation. Plaintiff's Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody (Doc. 12 ) is DISMISSED WITH PREJUDICE. The Clerk of Court shall docket accordingly and close the case file in this matter. The Court declines to issue a certificate of appealability. Signed by Senior Judge Raner C Collins on 7/13/2021. (SCA)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Vernon Stuart Nash,
Petitioner,

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ORDER

v.

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No. CV-18-02986-PHX-RCC

Charles L Ryan, et al.,

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Respondents.

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On May 18, 2021, Magistrate Judge Bruce G. Macdonald issued a Report and

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Recommendation (“R&R”) in which he recommended that the Court enter an order

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denying Petitioner Vernon Stuart Nash’s Petition Under 28 U.S.C. § 2254 for a Writ of

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Habeas Corpus by a Person in State Custody (Non-Death Penalty) (Doc. 12). (Doc. 20.)

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Judge Macdonald notified the parties they had fourteen days from the date of the R&R to

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file objections and an additional fourteen days to file a response. (Id. at 26.) No

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objections were filed.

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If neither party objects to a magistrate judge’s report and recommendation, the

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District Court is not required to review the magistrate judge’s decision under any

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specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the

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statute guiding review of a magistrate judge’s recommendation “does not preclude further

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review by the district judge, sua sponte or at the request of a party, under a de novo or

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any other standard.” Id. at 154.

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The Court has reviewed and considered the amended Petition (Doc. 12), Judge

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Macdonald’s screening order (Doc. 13), Respondent’s limited response (Doc. 17), and

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the R&R (Doc. 20). The Court finds the R&R well-reasoned and agrees with Judge

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Macdonald’s conclusions.

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Accordingly, IT IS ORDERED the R&R is ADOPTED (Doc. 20) and Plaintiff’s

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Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal

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Custody (Doc. 12) is DISMISSED WITH PREJUDICE. The Clerk of Court shall docket

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accordingly and close the case file in this matter.

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Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the event

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Petitioner files an appeal, the Court declines to issue a certificate of appealability because

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reasonable jurists would not find the Court’s ruling debatable. See Slack v. McDaniel, 529 U.S.

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473, 484 (2000).

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Dated this 13th day of July, 2021.

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