Opinion
CV-21-01396-PHX-MTL
01-18-2022
Lawrence Joseph Amaral, Petitioner, v. David Shinn, et al., Respondents.
NOT FOR PUBLICATION
ORDER
Michael T. Liburdi, United States District Judge.
Before the Court is the Report and Recommendation of the Magistrate Judge (R & R) (Doc. 13) recommending that the Petition for Writ of Habeas Corpus (Doc. 1) be dismissed with prejudice. Petitioner has not filed objections to the R & R.
In reviewing an R & R, this Court “may 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). “[T]he district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); see Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts need not conduct “any review at all . . . of any issue that is not the subject of an objection”). No. objections having been received, the Court will accept and adopt the R & R.
Based on the foregoing, IT IS ORDERED that the Report and Recommendation (Doc. 13) is accepted.
IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (Doc. 1) is dismissed with prejudice.
IT IS FURTHER ORDERED that issuance of a certificate of appealability is denied because dismissal of the Petition is justified by a plain procedural bar.
IT IS FINALLY ORDERED directing the Clerk of Court to enter judgment, terminating this case.