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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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Petitioner,
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vs.
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Charles Ryan; and the Attorney General )
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of the State of Arizona,
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Respondents.
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Renie Varela Valencia,

No. CV-09-00574-TUC-FRZ (HCE)
ORDER

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Renie Valencia was convicted by a jury of theft and burglary offenses and presently

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is incarcerated in an Arizona state prison. He commenced this action by filing a petition for

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. Doc. 1. The amended petition asserts

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claims of ineffective assistance of counsel, double jeopardy, and violations of the right to

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due process and to a jury trial. Doc. 6. Respondents have filed an answer to the petition.

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Doc. 15.

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On January 9, 2012, United States Magistrate Judge Hector Estrada issued a report

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and recommendation (“R&R”) that the petition be denied on the grounds that the claims

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asserted are procedurally defaulted or otherwise without merit. Doc. 16. The parties were

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advised that they had fourteen days to file objections to the R&R and that the failure to

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timely file objections to any factual or legal determination may be deemed a waiver of the

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party’s right to de novo review of the issues. Id. at 24-25.

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No objection has been filed, which relieves the Court of its obligation to review the

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R&R. See 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149

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(1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will

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accept the R&R and deny the petition.

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IT IS ORDERED:

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The Magistrate Judge’s report and recommendation (Doc. 16) is accepted.

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2.

The amended petition for writ of habeas corpus (Doc. 6) is denied.

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3.

A certificate of appealability is denied.

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4.

The Clerk is directed to terminate this action.

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DATED this 14th day of May, 2012.

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