Opinion
No. CV-16-00030-TUC-RCC
07-30-2018
Tiaron Germaine Ross, Petitioner, v. Charles L Ryan, et al., Respondents.
ORDER
Pending before the Court is a Report and Recommendation ("R & R") prepared by Magistrate Judge Eric J. Markovich. Doc. 23. In his R & R, Magistrate Judge Markovich recommends that this Court deny Petitioner Tiaron Ross's Petition for Writ of Habeas Corpus. Doc. 1. For the following reasons, this Court shall accept and adopt the R & R as the findings of fact and conclusions of law for this Court.
The duties of the district court in connection with a R & R are set forth in Rule 72 of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1). The district court may "accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions." Fed. R. Civ. P. 72(b)(3); 28 U.S.C. § 636(b)(1).
Where the parties object to an R & R, "[a] judge of the [district] court shall make a de novo determination of those portions of the [R & R] to which objection is made." 28 U.S.C. § 636(b)(1); see Thomas v. Arn, 474 U.S. 140, 149-50 (1985). When no objection is filed, the district court need not review the R & R de novo. Wang v. Masaitis, 416 F.3d 992, 1000 n. 13 (9th Cir.2005); United States v. Reyna-Tapia, 328 F.3d 1114, 1121-22 (9th Cir. 2003) (en banc). The Court will not disturb a magistrate judge's order unless his factual findings are clearly erroneous or his legal conclusions are contrary to law. 28 U.S.C. § 636(b)(1)(A). "[T]he magistrate judge's decision...is entitled to great deference by the district court." United States v. Abonce-Barrera, 257 F.3d 959, 969 (9th Cir. 2001). A failure to raise an objection waives all objections to the magistrate judge's findings of fact. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a Magistrate Judge's conclusion "is a factor to be weighed in considering the propriety of finding waiver of an issue on appeal." Id. (internal citations omitted).
Here, the parties have not objected to the R & R, which relieves the Court of its obligation to review. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); Thomas v. Arn, 474 U.S. 140, 149 (1985) ("[Section 636(b)(1) ] does not ... require any review at all ... of any issue that is not the subject of an objection."); Fed.R.Civ.P. 72(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to."). This Court considers the R & R to be thorough and well-reasoned. After a thorough and de novo review of the record, the Court accepts and adopts Magistrate Judge Markovich's R & R. ... ... ... ... ... ... ... ... ... ... ...
Accordingly,
IT IS HEREBY ORDERED Petitioner Tiaron Ross's petition for habeas corpus is denied. Doc. 1.
IT IS FURTHER ORDERED that Magistrate Judge Markovich's Report and Recommendation is ACCEPTED and ADOPTED as the findings of fact and conclusions of law by this Court. Doc. 23.
IT IS FURTHER ORDERED that the Clerk of Court may close the case.
Dated this 30th day of July, 2018.
/s/_________
Honorable Raner C. Collins
Chief United States District Judge