Opinion
No. CV 10-500-TUC-AWT
02-07-2012
MONTE EUGENE JENKINS, Petitioner, v. CHARLES L. RYAN, Respondent.
ORDER
Pending before the court is Monte Eugene Jenkins' Petition for Writ of Habeas Corpus, brought pursuant to 28 U.S.C. § 2254 (Doc. 1).
On October 24, 2011, Magistrate Judge D. Thomas Ferraro issued a Report and Recommendation (R&R) to this Court, recommending the denial of Jenkins' petition (Doc. 15). Petitioner has filed no objections to the R&R. In such circumstances, the Court will modify or set aside only those portions of the R&R that are clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
After conducting an independent review of the record, the Court concludes that in all respects the R&R is not clearly erroneous or contrary to law, and therefore adopts the R&R in full.
Further, the Court concludes that Jenkins has not "made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Thus, the Court declines to issue a certificate of appealability. See Slack v. McDaniel, 529 U.S. 473, 484 (2000).
Accordingly, IT IS ORDERED:
1. The findings and recommendations made by Magistrate Judge Ferraro in his October 24, 2011 Report and Recommendation (Doc 15) are ADOPTED IN WHOLE. The Petition for Writ of Habeas Corpus (Doc.1) is DENIED and this action is DISMISSED WITH PREJUDICE.
2. The issuance of a certificate of appealability is DENIED.
3. The Clerk shall enter judgment accordingly and close this case.
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A. Wallace Tashima
United States Circuit Judge
Sitting by Designation