Spurling # 248191 v. Ryan et al
ORDER that Magistrate Judge Boyle's R&R (Doc. 20 ) is ACCEPTED, Petitioner's Sealed Petition for Writ of Habeas Corpus (Doc. 1 ) is DISMISSED, a Certificate of Appealability is DENIED, and Petitioner may not proceed in forma pauperis on appeal. The Clerk shall terminate this action. Signed by Judge Douglas L Rayes on 6/13/2016. (KMG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Robert Richard Spurling, III,
Charles L Ryan, et al.,
Pending before the Court are Petitioner Robert Spurling’s Sealed Petition for Writ
of Habeas Corpus and Magistrate Judge John Boyle’s Report and Recommendation
(“R&R”). (Docs. 1, 20). The R&R recommends that the Court deny the Petition. (Doc.
20 at 18). The Magistrate Judge advised the parties that they had fourteen days to file
objections to the R&R and that failure to file timely objections could be considered a
waiver of the right to obtain review of the R&R. (Id. at 19 (citing Fed. R. Civ. P. 72(b);
United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).
Neither party filed objections, which relieves the Court of its obligation to review
the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985)
(“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the
subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de
novo any part of the magistrate judge’s disposition that has been properly objected to.”).
The Court has nonetheless reviewed the R&R and agrees with Magistrate Judge Boyle’s
recommendations. The Court will accept the R&R and deny the Petition. See 28 U.S.C.
§ 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3)
(“The district judge may accept, reject, or modify the recommended disposition; receive
further evidence; or return the matter to the magistrate judge with instructions.”).
IT IS ORDERED that Magistrate Judge Boyle’s R&R (Doc. 20) is ACCEPTED,
Petitioner’s Sealed Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED, a
Certificate of Appealability is DENIED, and Petitioner may not proceed in forma
pauperis on appeal. The Clerk shall terminate this action.
Dated this 13th day of June, 2016.
Douglas L. Rayes
United States District Judge
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?