Opinion
No. CV-18-01989-PHX-DLR
05-10-2019
Mark Anthony Ayers, Petitioner, v. Arizona Department of Corrections, et al., Respondents.
ORDER
Before the Court are Petitioner Mark Anthony Ayers' Petition for Writ of Habeas Corpus and United States Magistrate Judge John Z. Boyle's Report and Recommendation ("R&R"). (Docs. 1, 16.) The R&R recommends that the Court deny the Petition. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. See Fed. R. Civ. P. 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Petitioner did not file objections, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985); Fed. R. Civ. P. 72(b)(3). The Court nonetheless has reviewed the R&R and finds that it is well-taken. The Court will accept the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
IT IS ORDERED that the R&R (Doc. 16) is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DENIED and DISMISSED WITH PREJUDICE. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. The Clerk of the Court shall terminate this case.
Dated this 10th day of May, 2019.
/s/_________
Douglas L. Rayes
United States District Judge