Buccheri-Bianca #019002 v. Ryan et al

Filing 27

ORDER accepting and adopting in full 26 the Report and Recommendation. The Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (Doc. 1 ) is denied, and this action is dismissed. The Clerk of Court is directed to enter judgment accordingly. The Court declines to issue a certificate of appealability. Signed by Judge Rosemary Marquez on 11/28/2017. (See Order for complete details) (DPS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Angelino Paolo Buccheri-Bianca,
Petitioner,

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ORDER

v.

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No. CV-15-00229-TUC-RM

Charles L Ryan, et al.,

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Respondents.

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On November 1, 2017, Magistrate Judge Velasco issued a Report and

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Recommendation (Doc. 26) recommending that this Court dismiss and deny the Petition

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for a Writ of Habeas Corpus (Doc. 1). No objections to the Report and Recommendation

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were filed.

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A district judge must “make a de novo determination of those portions” of a

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magistrate judge’s “report or specified proposed findings or recommendations to which

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objection is made.” 28 U.S.C. § 636(b)(1). The advisory committee’s notes to Rule

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72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is

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filed, the court need only satisfy itself that there is no clear error on the face of the record

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in order to accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b)

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advisory committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170

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F.3d 734, 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the

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district court judge reviews those unobjected portions for clear error.”); Prior v. Ryan,

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CV 10-225-TUC-RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for

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clear error unobjected-to portions of Report and Recommendation).

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The Court has reviewed Judge Velasco’s Report and Recommendation, the

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parties’ briefs, and the record. The Court finds no error in Judge Velasco’s Report and

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Recommendation.

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As mentioned in Judge Velasco’s Report and Recommendation, the record

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indicates that in October 2017, Petitioner’s mail was returned as undeliverable. (See Doc.

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25.) In order to help ensure proper delivery of court filings to Petitioner, Judge Velasco

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directed the Clerk of Court to mail a copy of the Report and Recommendation to

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Petitioner at the ASPC Florence-Central Unit-Medical, in addition to Petitioner’s address

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of record. (Doc. 26 at 36.) Judge Velasco ordered Petitioner to file a Notice of Address

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with the Court within seven days of his release from the medical unit. (Id.) Petitioner has

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yet to file such notice.1 Thus, to ensure proper delivery, the Court will again direct the

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Clerk of Court to mail a copy of this Order to Petitioner at both his address of record and

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at the ASPC Florence-Central Unit-Medical.

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IT IS ORDERED that the Report and Recommendation (Doc. 26) is accepted
and adopted in full.

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IT IS FURTHER ORDERED that the Petition Under 28 U.S.C. § 2254 for a

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Writ of Habeas Corpus (Doc. 1) is denied, and this action is dismissed. The Clerk of

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Court is directed to enter judgment accordingly.

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IT IS FURTHER ORDERED that, pursuant to Rule 11 of the Rules Governing

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Section 2254 Cases, the Court declines to issue a certificate of appealability, because

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reasonable jurists would not find the Court’s ruling debatable. See Slack v. McDaniel,

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529 U.S. 473, 478, 484 (2000).

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The Court reminds Petitioner of his ongoing obligation to keep the Court
informed of any address change within seven days after the effective date of the change.
See LRCiv. 83.3(d). If, due to a serious illness or incapacitation, Petitioner has been
unable to receive or understand the filings such that he has been unable to effectively
prosecute his case, Petitioner may file a motion explaining his circumstances and
requesting relief from this or other orders of the Court. See, e.g., Fed. R. Civ. P. 60(b)
(providing a ground for relief from a final judgment, order, or proceeding for any reason
justifying relief).
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IT IS FURTHER ORDERED that the Clerk of Court is directed to mail a copy
of this Order to Petitioner at his address of record, in addition to the following address:
ASPC Florence-Central Unit-Medical
P.O. Box 8200
Florence, Arizona 85132
Dated this 28th day of November, 2017.

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