Martinez v. Ryan et al

Filing 19

ORDER ADOPTING 17 REPORT AND RECOMMENDATION: IT IS ORDERED that 1 Petitioner's Writ of Habeas Corpus is DENIED. IT IS FURTHER ORDERED that Petitioner's 16 Motion for Accelerated Review of Petitioners Writ of Habeas Corpus is DENIED as moot. Signed by Chief Judge Raner C Collins on 3/8/16.(BAC)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Robert Martinez, No. CV-15-00056-TUC-RCC Petitioner, 10 11 v. 12 ORDER Charles Ryan, et al., 13 Respondents. 14 15 16 Pending before the Court is a Report and Recommendation (“ R&R”) written by Magistrate Judge Jacqueline M. Rateau. Doc. 17. 17 The duties of the district court, when reviewing a R&R of a Magistrate Judge, are 18 set forth in Rule 72(b) of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1). 19 The district court may “accept, reject, or modify, in whole or in part, the findings or 20 recommendations made by the magistrate judge.” Fed.R.Civ.P. 72(b), 28 U.S.C. § 21 636(b)(1). When the parties object to a R&R, “[a] judge of the [district] court shall make 22 a de novo determination of those portions of the [R&R] to which objection is made.” 28 23 U.S.C. § 636(b)(1); see Thomas v. Arn, 474 U.S. 140 (1985). However, in the absence of 24 a timely objection, the Court “need only satisfy itself that there is no clear error on the 25 face of the record in order to accept the recommendation.” Fed.R.Civ.P. 72(b), Advisory 26 Committee Notes (1983); see also United States v. Reyna–Tapia, 328 F.3d 1114, 1121 27 (9th Cir. 2003). 28 No objections have been filed with this Court. Having reviewed the R&R, the 1 Court finds that Magistrate Judge Rateau’s R&R is thorough, well-reasoned, and contains 2 no clear error. Accordingly, IT IS HEREBY ORDERED that Petitioner’s Writ of Habeas Corpus is denied. 3 4 5 6 7 Doc. 1 IT IS FURTHER ORDERED that Petitioner’s Motion for Accelerated Review of Petitioner’s Writ of Habeas Corpus is denied as moot. Doc. 16. Dated this 8th day of March, 2016. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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