Irizarry-Sanchez v. Warden Penuelas et al

Filing 27

MEMORANDUM AND ORDER re 4 Complaint; re 18 Motion to Dismiss; and re 26 Report and Recommendation. The Court has made an independent examination of the entire record in this case and ADOPTS the magistrate judge's findings and recommendati ons as the opinion of the Court. Accordingly, defendants' motion to dismiss (Docket No. 18) is GRANTED. Plaintiff's motion for post-conviction relief (Docket No. 4) is DENIED. This case is DISMISSED WITH PREJUDICE. Judgment shall be entered accordingly. Signed by Judge Francisco A. Besosa on 04/06/2011. (brc)

Irizarry-Sanchez v. Warden Penuelas et al

Doc. 27

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO XAVIER IRIZARRY-SANCHEZ, Plaintiff, v. WARDEN PEÑUELAS, ATTORNEY GENERAL PUERTO RICO, Defendants. CIVIL NO. 10-1088 (FAB)

MEMORANDUM AND ORDER

BESOSA, District Judge. A district court may refer a case to a magistrate judge for a report and recommendation. See 28 U.S.C. § 636(b)(1)(B);

Fed.R.Civ.P. 72(b); Loc. Rule 72(b).

Any party adversely affected

by the report and recommendation may file written objections within fourteen days of being served with the magistrate judge's report. See 28 U.S.C. § 636(b)(1). A party that files a timely objection

is entitled to a de novo determination of "those portions of the report or specified proposed findings or recommendations to which specific objection is made." Sylva v. Culebra Dive Shop, 389

F.Supp.2d 189, 191-92 (D.P.R. 2005) (citing United States v. Raddatz, 447 U.S. 667, 673 (1980)). rule precludes further review. Failure to comply with this

See Davet v. Maccorone, 973 F.2d

Dockets.Justia.com

Criminal No. 10-1088 (FAB) 22, 30-31 (1st Cir. 1992).

2 In conducting its review, the court is

free to "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge."

28 U.S.C. § 636 (a)(b)(1). F.2d 245, 247 (1st Cir.

Templeman v. Chris Craft Corp., 770 1985); Alamo Rodriguez v. Pfizer

Pharmaceuticals, Inc., 286 F. Supp. 2d 144, 146 (D.P.R. 2003). Furthermore, the Court may accept those parts of the report and recommendation to which the parties do not object. See

Hernandez-Mejias v. General Elec., 428 F. Supp. 2d 4, 6 (D.P.R. 2005) (citing Lacedra v. Donald W. Wyatt Detention Facility, 334 F. Supp. 2d 114, 125-126 (D.R.I. 2004)). On March 15, 2011, the United States magistrate judge issued a Report and Recommendation in this case, recommending that

plaintiff's motion for post-conviction relief from his conviction and sentence pursuant to 28 U.S.C. § 2254 be DENIED. No. 26.) Plaintiff did not object to the Report and Recommendation within the time provided by the rules. The Court has made an (Docket

independent examination of the entire record in this case and ADOPTS the magistrate judge's findings and recommendations as the opinion of the Court.

Criminal No. 10-1088 (FAB)

3

Accordingly, defendants' motion to dismiss (Docket No. 18) is GRANTED. Plaintiff's motion for post-conviction relief pursuant to 28 U.S.C. § 2254 (Docket No. 4) is DENIED. WITH PREJUDICE. Judgment shall be entered accordingly. IT IS SO ORDERED. San Juan, Puerto Rico, April 6, 2011. This case is DISMISSED

s/ Francisco A. Besosa FRANCISCO A. BESOSA UNITED STATES DISTRICT JUDGE