Smith #277964 v. Ryan et al

Filing 22

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 21 . IT IS ORDERED that Petitioner's 1 Petition for Writ of Habeas Corpus is denied and dismissed with prejudice, In the event Petitioner files an appeal, issuance of a certificate of appealability is denied (see Doc. 21 at 25-26), and the Clerk of the Court shall enter judgment of dismissal with prejudice. See document for further details. Signed by Senior Judge James A Teilborg on 5/28/19. (GMP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Curtis Ray Smith, Jr.,
Petitioner,

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ORDER

v.

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No. CV-18-08058-PCT-JAT

Charles L Ryan, et al.,

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Respondents.

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Pending before the Court is the Report and Recommendation (R&R) from the

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Magistrate Judge (Doc. 21) recommending that the Petition in this case be denied and

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dismissed with prejudice. No objections to the R&R have been filed and the time to object

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has expired. Accordingly, the Court hereby accepts the R&R. See Thomas v. Arn, 474

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U.S. 140, 149 (1985) (finding that district courts are not required to conduct “any review

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at all . . . of any issue that is not the subject of an objection” (emphasis added)); United

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States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“statute makes it

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clear that the district judge must review the magistrate judge’s findings and

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recommendations de novo if objection is made, but not otherwise” (emphasis in original));

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see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).

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Based on the foregoing,

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc.

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21) is ACCEPTED; thus,

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Petitioner’s Petition for Writ of Habeas Corpus is denied and dismissed with

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prejudice,

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denied (see Doc. 21 at 25-26), and

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in the event Petitioner files an appeal, issuance of a certificate of appealability is

the Clerk of the Court shall enter judgment of dismissal with prejudice.
Dated this 28th day of May, 2019.

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