Smith v. Thornell et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION re: 14 Report and Recommendation. Petitioner's Objections (Doc. 17 ) are overruled. The Petition (Doc. 1 ) is denied. A certificate of appealability and leave to proceed in forma pauperis on appeal ar e denied because Petitioner has not made a substantial showing of the denial of a constitutional right and because the denial of the petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. The Clerk shall enter judgment accordingly and terminate this action. Signed by Judge Dominic W Lanza on 3/26/24. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Scott O'Brian Smith,
Petitioner,

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v.

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Ryan Thornell, et al.,

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No. CV-23-08079-PCT-DWL
ORDER

Respondents.

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This is a habeas corpus action under 28 U.S.C. § 2254. On February 28, 2024,

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Magistrate Judge Bibles issued a 28-page report and recommendation (“R&R”) concluding

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that Petitioner’s habeas petition should be denied. (Doc. 14.) Afterward, Petitioner filed

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a two-page objection to the R&R (Doc. 17) and Respondents filed a response (Doc. 18).

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Petitioner’s objections implicate 28 U.S.C. § 636(b)(1), which provides that when,

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as here, a magistrate judge has issued an R&R regarding a dispositive matter and a party

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has thereafter filed timely written objections, “[a] judge of the court shall make a de novo

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determination of those portions of the [R&R] or specified proposed findings or

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recommendations to which objection is made. A judge of the court may accept, reject, or

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modify, in whole or in part, the findings or recommendations made by the magistrate judge.

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The judge may also receive further evidence or recommit the matter to the magistrate judge

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with instructions.” 28 U.S.C. § 636(b)(1). See also Fed. R. Civ. P. 72(b)(2)-(3). As the

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Ninth Circuit has explained, “[i]n providing for a de novo determination . . . Congress

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intended to permit whatever reliance a district judge, in the exercise of sound judicial

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discretion, chose to place on a magistrate’s proposed findings and recommendations. . . .

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[D]istrict courts conduct proper de novo review where they state they have done so, even

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if the order fails to specifically address a party’s objections.” United States v. Ramos, 65

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F.4th 427, 433 (9th Cir. 2023) (cleaned up). See also id. at 434 (“[T]he district court ha[s]

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no obligation to provide individualized analysis of each objection.”). Additionally, district

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courts are not required to review any portion of an R&R to which no specific objection has

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been made. See, e.g., Thomas v. Arn, 474 U.S. 140, 149-50 (1985) (“It does not appear

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that Congress intended to require district court review of a magistrate’s factual or legal

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conclusions, under a de novo or any other standard, when neither party objects to those

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findings.”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (“[T]he

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district judge must review the magistrate judge’s findings and recommendations de novo

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if objection is made, but not otherwise.”). Thus, district judges need not review an

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objection to an R&R that is general and non-specific. See, e.g., Warling v. Ryan, 2013 WL

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5276367, *2 (D. Ariz. 2013) (“Because de novo review of an entire R & R would defeat

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the efficiencies intended by Congress, a general objection ‘has the same effect as would a

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failure to object.’”) (citations omitted).

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Here, even though there is a colorable argument that Petitioner’s objections are

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insufficient to trigger any need for further review (because they essentially restate

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arguments that Petitioner previously raised and do not purport to identify specific errors in

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the R&R’s analysis), the Court has, in an abundance of caution, performed a de novo review

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of the R&R and fully agrees with its analysis and conclusions.

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Accordingly,

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IT IS ORDERED that:

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The R&R (Doc. 14) is adopted.

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Petitioner’s objections (Doc. 17) are overruled.

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The petition (Doc. 1) is denied.

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4.

A certificate of appealability and leave to proceed in forma pauperis on

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appeal are denied because Petitioner has not made a substantial showing of the denial of a

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constitutional right and because the denial of the petition is justified by a plain procedural

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bar and jurists of reason would not find the procedural ruling debatable.

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5.

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Dated this 26th day of March, 2024.

The Clerk shall enter judgment accordingly and terminate this action.

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