Langloss #103239 v. Unknown Party

Filing 27

ORDER adopting Report and Recommendations re 25 Magistrate Judge Macdonald's Report and Recommendation. Petitioner's Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus is denied. Doc. 1 . IT IS FURTHER ORDERED that Petiti oner's Motion for Status Report and Stay is denied in part and granted in part. Doc. 24 . Petitioner's motion for stay is denied while his motion for status update is granted. Signed by Judge Raner C Collins on 9/24/2018. (See attached Order for details) (KEP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Vernon Michael Langloss,

No. CV-15-00204-TUC-RCC

Petitioner,

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v.

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ORDER

Charles L Ryan, et al.,

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Respondents.

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Pending before the Court is Petitioner Vernon Langloss’s Petition for Writ of
Corpus

(Doc.

1),

and

Magistrate

Judge

Macdonald’s

Report

and

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Habeas

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Recommendation (“R & R”) (Doc. 25). For the following reasons, the Court shall adopt

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the R & R.

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Discussion

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The duties of the district court in connection with a R & R are set forth in Rule 72

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of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1). The district court may

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“accept, reject, or modify the recommended disposition; receive further evidence; or

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return the matter to the magistrate judge with instructions.” Fed. R. Civ. P. 72(b)(3); 28

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U.S.C. § 636(b)(1).

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Where the parties object to an R & R, “[a] judge of the [district] court shall make a

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de novo determination of those portions of the [R & R] to which objection is made.” 28

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U.S.C. § 636(b)(1); see Thomas v. Arn, 474 U.S. 140, 149-50 (1985). When no objection

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is filed, the district court need not review the R & R de novo. Wang v. Masaitis, 416 F.3d

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992, 1000 n. 13 (9th Cir.2005); United States v. Reyna-Tapia, 328 F.3d 1114, 1121-22

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(9th Cir. 2003) (en banc). The Court will not disturb a magistrate judge’s order unless his

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factual findings are clearly erroneous or his legal conclusions are contrary to law. 28

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U.S.C. § 636(b)(1)(A). “[T]he magistrate judge’s decision…is entitled to great deference

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by the district court.” United States v. Abonce-Barrera, 257 F.3d 959, 969 (9th Cir.

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2001). A failure to raise an objection waives all objections to the magistrate judge’s

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findings of fact. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object

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to a Magistrate Judge’s conclusion “is a factor to be weighed in considering the propriety

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of finding waiver of an issue on appeal.” Id. (internal citations omitted).

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Here, the parties have not objected to the R & R, which relieves the Court of its

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obligation to review. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

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2003); Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1) ] does not ...

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require any review at all ... of any issue that is not the subject of an objection.”);

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Fed.R.Civ.P. 72(b)(3) (“The district judge must determine de novo any part of the

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magistrate judge's disposition that has been properly objected to.”). This Court considers

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the R & R to be thorough and well-reasoned. After a thorough and de novo review of the

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record, the Court accepts and adopts Magistrate Judge MacDonald’s R & R.

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Accordingly,

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IT IS HEREBY ORDERED that Magistrate Judge MacDonald’s Report and

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Recommendation is ACCEPTED and ADOPTED as the findings of fact and

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conclusions of law by this Court. Doc. 25.

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IT IS FURTHER ORDERED that Petitioner’s Petition Under 28 U.S.C. § 2254
for a Writ of Habeas Corpus is denied. Doc. 1.

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IT IS FURTHER ORDERED that Petitioner’s Motion for Status Report and

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Stay is denied in part and granted in part. Doc. 24. Petitioner’s motion for stay is denied

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while his motion for status update is granted.

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IT IS FURTHER ORDERED that the Clerk of Court shall close the case.

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Dated this 24th day of September, 2018.

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