Henry v. Ryan et al

Filing 11

ORDER accepting 10 Report and Recommendation. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is denied and dismissed with prejudice. In the event Petitioner files an appeal, issuance of a certificate of appealability is denied be cause denial of the petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable. The Clerk shall enter judgment of dismissal with prejudice. Signed by Senior Judge James A Teilborg on 8/1/14. (LSP)

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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 Henry, Jr., Petitioner, 10 11 vs. 12 Charles Ryan, et al., 13 Respondents. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 13-8268-PCT-JAT ORDER 15 16 Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus 17 (“Petition”) (Doc. 1). The Magistrate Judge issued a Report and Recommendation (“R&R”) 18 (Doc. 10) recommending that the Petition be denied. 19 Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts 20 the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not 21 required to conduct “any review at all . . . of any issue that is not the subject of an objection” 22 (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en 23 banc) (“statute makes it clear that the district judge must review the magistrate judge’s 24 findings and recommendations de novo if objection is made, but not otherwise” (emphasis 25 in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003). 26 Based on the foregoing, 27 IT IS ORDERED that the Report and Recommendation (Doc. 10) is ACCEPTED; 28 accordingly, 1 • 2 3 Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is denied and dismissed with prejudice, • in the event Petitioner files an appeal, issuance of a certificate of appealability 4 is denied because denial of the petition is based on a plain procedural bar and 5 jurists of reason would not find this Court’s procedural ruling debatable. See 6 Slack v. McDaniel, 529 U.S. 473, 484 (2000), and 7 • the Clerk of the Court shall enter judgment of dismissal with prejudice. 8 DATED this 1st day of August, 2014. 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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