Kaufman v. Ryan et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATION 31 . It is further ordered that the Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED. Signed by Judge Jennifer G Zipps on 6/15/18. (KAH)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Miles Kaufman,
Petitioner,

10
11

ORDER

v.

12

No. CV-16-00293-TUC-JGZ

Charles Ryan, et al.,

13

Respondents.

14
15

Pending before the Court is a Report and Recommendation issued by United

16

States Magistrate Judge D. Thomas Ferraro. (Doc 31.)

Magistrate Judge Ferraro

17

recommends dismissing Petitioner’s § 2254 Petition for Writ of Habeas Corpus because it

18

is untimely and, alternatively, because Petitioner’s claims are procedurally defaulted

19

without excuse and/or moot. (Id.) In addition, the Report concludes an evidentiary

20

hearing is not necessary to evaluate Petitioner’s claims.

21

No objections were filed within 14-days as required by Federal Rule of Civil

22

Procedure 72(b)(2). The objection Petitioner filed on May 21, 2018 is untimely. (Doc.

23

32.) In addition, the objection fails to address the Magistrate Judge’s conclusions that the

24

claims are untimely, procedurally defaulted, and moot, and that an evidentiary hearing

25

was unnecessary. (See Doc. 32.)

26

Upon review of the record, the Court will adopt Magistrate Judge Ferraro’s

27

recommendations. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; Thomas v. Arn, 474

28

U.S. 140, 149–54 (1985). Accordingly,

1

IT IS ORDERED that the Report and Recommendation (Doc. 31) is ADOPTED.

2

IT IS FURTHER ORDERED THAT Defendant’s Petition for Writ of Habeas

3
4

Corpus (Doc. 1) is DISMISSED.
Dated this 15th day of June, 2018.

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-