Turcios v. Shinn et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION re: 9 Report and Recommendation. The Petition for Writ of Habeas Corpus (Doc. 1 ) is dismissed with prejudice. The issuance of a certificate of appealability and leave to proceed in forma pauperis on appeal is denied because Petitioner has not demonstrated that reasonable jurists could find the ruling debatable or conclude that the issues presented are adequate to deserve encouragement to proceed further. Signed by Judge Michael T Liburdi on 11/14/23. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Christian Salvador Turcios,
Petitioner,

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v.

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David Shinn, et al.,

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No. CV-22-01952-PHX-MTL
ORDER

Respondents.

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Before the Court is the Report and Recommendation of Magistrate Judge Michael

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T. Morrissey (“R & R”) (Doc. 9) recommending that the Petition for Writ of Habeas

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Corpus be dismissed with prejudice, and that a certificate of appealability and leave to

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proceed in forma pauperis on appeal be denied. Petitioner has not filed any objections to

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the R & R. The deadline to do so passed fourteen days following service of the R & R,

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which was mailed to Petitioner on August 22, 2023.

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In reviewing an R & R, the Court “may accept, reject, or modify, in whole or in

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part, the findings or recommendations made by the magistrate judge.” 28 U.S.C.

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§ 636(b)(1). “[T]he district judge must review the magistrate judge's finding and

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recommendations de novo if objection is made, but not otherwise.” United States v.

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Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); see

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Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that the District Court need not

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conduct “any review at all . . . of any issue that is not the subject of an objection”).

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....

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No objections having been received, the Court will accept and adopt the R & R in
its entirety.

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Accordingly,

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IT IS ORDERED that the Report and Recommendation (Doc. 9) is accepted.

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IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (Doc.

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1) is dismissed with prejudice.

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IT IS FURTHER ORDERED denying the issuance of a certificate of

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appealability and leave to proceed in forma pauperis on appeal because Petitioner has not

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demonstrated that reasonable jurists could find the ruling debatable or conclude that the

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issues presented are adequate to deserve encouragement to proceed further. See Miller-El

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v. Cockrell, 537 U.S. 322, 327 (2003).

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Dated this 14th day of November, 2023.

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