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)
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-
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?