Ellis v. Ryan et al

Filing 14

ORDER accepting and adopting 13 Magistrate Judge Metcalf's Report and Recommendation. The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1 ) is denied and dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 2/22/16. (EJA)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Michael Gerrod Ellis,

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Petitioner,
vs.

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Charles L. Ryan, et al.,
Respondents.

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No. CV-15-08119-PCT-SPL
ORDER

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Petitioner Michael Gerrod Ellis has filed a Petition for Writ of Habeas Corpus

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pursuant to 28 U.S.C. § 2254 (Doc. 1). The Honorable James F. Metcalf, United States

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Magistrate Judge, issued a Report and Recommendation (“R&R”) (Doc. 13) on January

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28, 2016, recommending that the Court deny the Petition. Judge Metcalf advised the

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parties that they had fourteen (14) days to file objections to the R&R and that failure to

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file timely objections could be considered a waiver of the right to obtain review of the

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R&R. (Doc. 13 at 21, citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v.

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Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).)

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The parties did not file objections, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will adopt the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1)

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(stating that the district court “may accept, reject, or modify, in whole or in part, the

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findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The

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district judge may accept, reject, or modify the recommended disposition; receive further

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evidence; or return the matter to the magistrate judge with instructions.”). Accordingly,

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IT IS ORDERED:

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1.

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That Magistrate Judge Metcalf’s Report and Recommendation (Doc. 13) is

accepted and adopted by the Court;
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That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254

(Doc. 1) is denied and dismissed with prejudice;
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That a certificate of appealability and leave to proceed in forma pauperis on

appeal are denied; and

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That the Clerk of Court shall terminate this action.

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Dated this 22nd day of February, 2016.

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Honorable Steven P. Logan
United States District Judge

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