Opinion
No. CV11-1018 PHX DGC (LOA)
04-12-2012
Douglas Borchers, Petitioner, v. Duane Belcher, Sr., et al., Respondents.
ORDER
Petitioner Douglas Borchers has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Doc. 1. United States Magistrate Judge Lawrence O. Anderson has issued a report and recommendation ("R&R") that the petition be granted. Doc. 10. No objection has been filed, which relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and grant the petition.
IT IS ORDERED:
1. The R&R (Doc. 10) is accepted.
2. The petition for writ of habeas corpus (Doc. 1) is granted. Respondents shall provide Petitioner with a prompt hearing that fully complies with Morrissey v. Brewer, 408 U.S. 471, 486-88 (1972), no later than thirty days after the entry of this order.
3. A certificate of appealability is granted because the issues are "debatable
among jurists of reason," or "the questions are adequate to deserve encouragement to proceed further." Mendez v. Knowles, 556 F.3d 757, 770-71 (9th Cir. 2009) (quoting Barefoot v. Estelle, 463 U.S. 880 (1983), superseded on other grounds by 28 U.S.C. § 2253(c)(2)).
4. The Clerk is directed to terminate this action.
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David G. Campbell
United States District Judge