Opinion
No. CV-20-01220-PHX-DLR
04-27-2021
Charles Jones, Petitioner, v. David Shinn, et al., Respondents.
ORDER
Before the Court is United States Magistrate Judge Michael T. Morrissey's Report and Recommendation ("R&R") (Doc. 11), which recommends that Petitioners' petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 5) be denied and dismissed with prejudice and that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be denied. 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 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Neither party filed 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."). "Unless this court has definite and firm conviction that the [Magistrate Judge] committed a clear error of judgment, [this court] will not disturb [the] decision." Jackson v. Bank of Hawaii, 902 F.2d 1385, 1387 (9th Cir. 1990) (citation omitted).
The Court has nonetheless independently reviewed the R&R and finds that it is well-taken. The Court therefore will accept the R&R in its entirety. 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.").
IT IS ORDERED that Magistrate Judge Morrissey's R&R (Doc. 11) is ACCEPTED.
IT IS FURTHER ORDERED that Petitioners' petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 5) is DENIED and DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal is denied.
IT IS FURTHER ORDERED that the Clerk of Court is directed to enter judgment and terminate the case.
Dated this 27th day of April, 2021.
/s/_________
Douglas L. Rayes
United States District Judge