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Estrada v. Ryan

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Feb 21, 2014
No. CV 13-8219-PCT-JAT (D. Ariz. Feb. 21, 2014)

Opinion

No. CV 13-8219-PCT-JAT

02-21-2014

Ricardo Estrada, Petitioner, v. Charles L. Ryan, et al., Respondents.


ORDER

Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus ("Petition") (Doc. 1). The Magistrate Judge issued a Report and Recommendation ("R&R") (Doc. 11) recommending that the Petition be denied.

Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to conduct "any review at all . . . of any issue that is not the subject of an objection" (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) ("statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise" (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).

Based on the foregoing,

IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 11) is ACCEPTED; accordingly,

• Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is denied and dismissed with prejudice because it is barred by the statute of limitations,
• in the event Petitioner files an appeal, issuance of a certificate of appealability is denied because denial of the Petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000), and
• the Clerk of the Court shall enter judgment of dismissal with prejudice.

__________

James A. Teilborg

Senior United States District Judge


Summaries of

Estrada v. Ryan

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Feb 21, 2014
No. CV 13-8219-PCT-JAT (D. Ariz. Feb. 21, 2014)
Case details for

Estrada v. Ryan

Case Details

Full title:Ricardo Estrada, Petitioner, v. Charles L. Ryan, et al., Respondents.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Date published: Feb 21, 2014

Citations

No. CV 13-8219-PCT-JAT (D. Ariz. Feb. 21, 2014)