Nash v. Ryan
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Vernon Stuart Nash,
Charles L Ryan, et al.,
On May 18, 2021, Magistrate Judge Bruce G. Macdonald issued a Report and
Recommendation (“R&R”) in which he recommended that the Court enter an order
denying Petitioner Vernon Stuart Nash’s Petition Under 28 U.S.C. § 2254 for a Writ of
Habeas Corpus by a Person in State Custody (Non-Death Penalty) (Doc. 12). (Doc. 20.)
Judge Macdonald notified the parties they had fourteen days from the date of the R&R to
file objections and an additional fourteen days to file a response. (Id. at 26.) No
objections were filed.
If neither party objects to a magistrate judge’s report and recommendation, the
District Court is not required to review the magistrate judge’s decision under any
specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the
statute guiding review of a magistrate judge’s recommendation “does not preclude further
review by the district judge, sua sponte or at the request of a party, under a de novo or
any other standard.” Id. at 154.
The Court has reviewed and considered the amended Petition (Doc. 12), Judge
Macdonald’s screening order (Doc. 13), Respondent’s limited response (Doc. 17), and
the R&R (Doc. 20). The Court finds the R&R well-reasoned and agrees with Judge
Accordingly, IT IS ORDERED the R&R is ADOPTED (Doc. 20) and 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.
Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the event
Petitioner files an appeal, the Court declines to issue a certificate of appealability because
reasonable jurists would not find the Court’s ruling debatable. See Slack v. McDaniel, 529 U.S.
473, 484 (2000).
Dated this 13th day of July, 2021.
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