Navarrette v. Thornell et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION re: 13 Report and Recommendation. The Petition for Writ of Habeas Corpus (Doc. 1 ) is denied with prejudice. The issuance of a certificate of appealability and leave to proceed in forma pauperis on appeal i s 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 5/9/24. (DXD)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Carlos Eduardo Navarrette,

No. CV-23-00922-PHX-MTL

Petitioner,

10
11

v.

12

Ryan Thornell, et al.,

13

ORDER

Respondents.

14
15

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

16

D. Bibles (“R & R”) (Doc. 13) that was issued on January 10, 2024. The R&R

17

recommends that the Petition for Writ of Habeas Corpus (Doc. 1) be denied, and that a

18

certificate of appealability be denied. (Doc. 13 at 9-10.) Petitioner has not filed any

19

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

20

the R & R, which was electronically noticed to Petitioner on January 10, 2024. (Doc. 13;

21

Doc. 14.)
In reviewing an R & R, the Court “may accept, reject, or modify, in whole or in

22
23

part,

the

findings

or

recommendations

made

by

the

magistrate

judge.”

24

28 U.S.C. § 636(b)(1). “[T]he district judge must review the magistrate judge’s finding

25

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

26

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

27

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

28

conduct “any review at all . . . of any issue that is not the subject of an objection”). No

1

objections having been received, the Court will accept and adopt the R & R in its entirety.

2

Accordingly,

3

IT IS ORDERED that the Report and Recommendation (Doc. 13) is accepted.

4

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

5

1) is denied with prejudice.

6

IT IS FURTHER ORDERED denying the issuance of a certificate of

7

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

8

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

9

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

10
11

v. Cockrell, 537 U.S. 322, 327 (2003).
Dated this 9th day of May, 2024.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-