Baez-Figueroa v. Attorney General of the Commonwealth of Puerto Rico

Filing 36

ORDER ADOPTING 34 REPORT AND RECOMMENDATION, re 1 Petition for Writ of Habeas Corpus. The Court ADOPTS IN FULL the magistrate judge's findings and recommendations. Petitioner Sammy Baez-Figueroa's petition for a writ of habeas corpus is DENIED. Judgment shall be entered accordingly. Signed by Judge Francisco A. Besosa on 09/15/2015. (brc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
SAMMY BAEZ-FIGUEROA,
Petitioner,
v.

Civil No. 14-1600 (FAB)

ATTORNEY
GENERAL
OF
THE
COMMONWEALTH OF PUERTO RICO,
Respondent.

MEMORANDUM AND ORDER
BESOSA, District Judge.
A district court may refer a pending dispositive motion to a
magistrate judge for a report and recommendation.
§ 636(b)(1)(B); Fed. R. Civ. P. 72(b)(1).

See 28 U.S.C.

Any party may file

written objections to the report and recommendation, and a party
that

files

a

timely

objection

is

entitled

to

a

de

novo

determination of those portions of the report to which specific
objections are made.
72(b)(2)-(3).

28 U.S.C. § 636(b)(1); Fed. R. Civ. P.

Failure to object to the magistrate judge’s report

waives the party’s right to review by the district court. Davet v.
Maccarone, 973 F.2d 22, 31 (1st Cir. 1992).

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(b)(1); accord Fed. R. Civ. P. 72(b)(3).

Civil No. 14-1600 (FAB)

2

On August 4, 2015, the petitioner filed a petition for habeas
corpus against the Attorney General of the Commonwealth of Puerto
Rico, attacking the decisions of the state courts which handled his
case. (Docket No. 1.)

The Attorney General filed a motion to

dismiss the petition (Docket No. 17) and the petitioner opposed
(Docket No. 28.)
Magistrate Judge Justo Arenas issued a thorough Report and
Recommendation (“R & R”) in which he analyzed each issue presented
by the petitioner, recommending that the petition be denied and
that no certificate of appealability be issued.

(Docket No. 34.)

The parties had until September 8, 2015, to object to the R & R,
and neither party filed objections.
The Court has made an independent examination of the entire
record in this case and ADOPTS IN FULL the magistrate judge’s
findings and recommendations (Docket No. 34.)

Petitioner Sammy

Baez-Figueroa’s petition for a writ of habeas corpus (Docket No. 1)
is DENIED.
Judgment shall be entered accordingly.
Because petitioner has not made a substantial showing of the
denial of a constitutional right, no certificate of appealability
shall issue.

28 U.S.C. § 2253(c)(2).

Civil No. 14-1600 (FAB)

3

IT IS SO ORDERED.
San Juan, Puerto Rico, September 15, 2015.
s/ Francisco A. Besosa
FRANCISCO A. BESOSA
UNITED STATES DISTRICT JUDGE