Bradley v. Heisner

Filing 23

ORDER that the Report and Recommendation 22 is accepted. The Petition for Writ of Habeas Corpus 1 is dismissed with prejudice. The Clerk of Court shall enter judgment accordingly and close this case. Signed by Judge Michael T Liburdi on 6/04/2024. (REK)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 John Bradley, No. CV-23-01195-PHX-MTL Petitioner, 10 11 v. 12 Unknown Party, 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. 22) recommending that the Petition for Writ of Habeas Corpus 17 (Doc. 1) be denied. Petitioner has not filed any objections to the R & R. The deadline to do 18 so passed fourteen days following service of the R & R, which was mailed to Petitioner on 19 March 4, 2024. 20 In reviewing an R & R, the Court “may accept, reject, or modify, in whole or in part, 21 the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). 22 “[T]he district judge must review the magistrate judge's finding and recommendations de 23 novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 24 1121 (9th Cir. 2003) (en banc) (emphasis in original); see Thomas v. Arn, 474 U.S. 140, 25 149 (1985) (finding that the District Court need not conduct “any review at all . . . of any 26 issue that is not the subject of an objection”). No objections having been received, the Court 27 will accept and adopt the R & R in its entirety. 28 ... 1 Accordingly, 2 IT IS ORDERED that the Report and Recommendation (Doc. 22) is accepted. 3 IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (Doc. 4 5 6 7 1) is dismissed with prejudice. IT IS FINALLY ORDERED that the Clerk of Court shall enter judgment accordingly and close this case. Dated this 4th day of June, 2024. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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