Valencia v. Ryan

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS 16 . The amended petition for writ of habeas corpus (Doc. 6) is denied. A certificate of appealability is denied. The Clerk is directed to terminate this action. Signed by Senior Judge Frank R Zapata on 5/14/12. (See attached PDF for complete information.) (KAH)

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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 10 11 12 13 14 15 ) ) ) Petitioner, ) ) vs. ) Charles Ryan; and the Attorney General ) ) of the State of Arizona, ) ) Respondents. ) Renie Varela Valencia, No. CV-09-00574-TUC-FRZ (HCE) ORDER 16 17 Renie Valencia was convicted by a jury of theft and burglary offenses and presently 18 is incarcerated in an Arizona state prison. He commenced this action by filing a petition for 19 writ of habeas corpus pursuant to 28 U.S.C. § 2254. Doc. 1. The amended petition asserts 20 claims of ineffective assistance of counsel, double jeopardy, and violations of the right to 21 due process and to a jury trial. Doc. 6. Respondents have filed an answer to the petition. 22 Doc. 15. 23 On January 9, 2012, United States Magistrate Judge Hector Estrada issued a report 24 and recommendation (“R&R”) that the petition be denied on the grounds that the claims 25 asserted are procedurally defaulted or otherwise without merit. Doc. 16. The parties were 26 advised that they had fourteen days to file objections to the R&R and that the failure to 27 timely file objections to any factual or legal determination may be deemed a waiver of the 28 party’s right to de novo review of the issues. Id. at 24-25. 1 No objection has been filed, which relieves the Court of its obligation to review the 2 R&R. See 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 3 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will 4 accept the R&R and deny the petition. 5 IT IS ORDERED: 6 1. The Magistrate Judge’s report and recommendation (Doc. 16) is accepted. 7 2. The amended petition for writ of habeas corpus (Doc. 6) is denied. 8 3. A certificate of appealability is denied. 9 4. The Clerk is directed to terminate this action. 10 11 DATED this 14th day of May, 2012. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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