Mattison v. Fizer, et al

Filing 61

ORDER ADOPTING REPORT AND RECOMMENDATIONS 60. ORDERED that Petitioners Petition for Writ of Habeas Corpus (Doc. #1) is DENIED; and IT IS FURTHER ORDERED that this action is DISMISSED WITH PREJUDICE and the Clerk of the Court shall enter judgment accordingly.. Signed by Judge James A Teilborg on 5/7/07. (DMT, )

Download PDF
Mattison v. Fizer, et al Doc. 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Robert Amos Mattison, Petitioner, vs. Greg Fizer, et al., Respondents. ) ) ) ) ) ) ) ) ) ) ) ) No. CV 04-2961-PCT-JAT ORDER Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus ("Petition") . The Magistrate Judge issued a Report and Recommendation ("R&R") (Doc. #60) recommending that the Petition be denied. Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to conduct "any review at all . . . of any issue that is not the subject of an objection" (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) ("statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise" (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003). Accordingly, IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (Doc. #60) is ACCEPTED; Document 61 Filed 05/08/2007 Page 1 of 2 Dockets.Justia.com Case 3:04-cv-02961-JAT-JCG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Doc. #1) is DENIED; and IT IS FURTHER ORDERED that this action is DISMISSED WITH PREJUDICE and the Clerk of the Court shall enter judgment accordingly. DATED this 7th day of May, 2007. -2Case 3:04-cv-02961-JAT-JCG Document 61 Filed 05/08/2007 Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?