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Gonzales v. Moody

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Jan 9, 2017
No. CV-16-01112-PHX-SPL (D. Ariz. Jan. 9, 2017)

Opinion

No. CV-16-01112-PHX-SPL

01-09-2017

Carlos P. Gonzales, Petitioner, v. Chris Moody, Respondent.


ORDER

Petitioner Carlos Gonzales has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1). The Honorable John Z. Boyle, United States Magistrate Judge, issued a Report and Recommendation ("R&R") (Doc. 12), recommending that the Court deny the Petition. Judge Boyle advised the parties that they had fourteen (14) 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. Id.; see also 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

The parties 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) ("[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."). The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will therefore adopt the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate"); Fed. R. Civ. P. 72(b)(3) ("The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions."). Accordingly,

IT IS ORDERED:

1. That Magistrate Judge Boyle's Report and Recommendation (Doc. 12) is accepted and adopted by the Court;

2. That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) is denied and dismissed with prejudice;

3. That a certificate of appealability and leave to proceed in forma pauperis on appeal are denied; and

4. That the Clerk of Court shall terminate this action.

Dated this 9th day of January, 2017.

/s/_________

Honorable Steven P. Logan

United States District Judge


Summaries of

Gonzales v. Moody

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Jan 9, 2017
No. CV-16-01112-PHX-SPL (D. Ariz. Jan. 9, 2017)
Case details for

Gonzales v. Moody

Case Details

Full title:Carlos P. Gonzales, Petitioner, v. Chris Moody, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Date published: Jan 9, 2017

Citations

No. CV-16-01112-PHX-SPL (D. Ariz. Jan. 9, 2017)