Lange v. Frigo

Full title: MICHAEL FRANK LANGE, Petitioner, v. JUDY L. FRIGO, et al., Respondents

Court: United States District Court, D. Arizona

Date published: Jun 22, 2006

No. 2:05-cv-0146 JWS (D. Ariz. Jun. 22, 2006)

Opinion

No. 2:05-cv-0146 JWS.

June 22, 2006

ORDER FROM CHAMBERS [Re: Report and Recommendation at Docket 10]

JOHN SEDWICK, District Judge

I. MATTER PRESENTED

Before the court is a report and recommendation filed by Magistrate Judge Velasco at docket 10 in which the magistrate judge recommends dismissing petitioner's petition for a Writ of Habeas Corpus. Petitioner has not filed an objection to the report and recommendation.

II. STANDARD OF REVIEW

The district court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate."¹ When reviewing a magistrate judge's report and recommendation in a habeas case, the district court reviews de novo findings of fact² and conclusions of law and to which parties object.³ The court reviews for clear error uncontested findings of fact.⁴

1 28 U.S.C. § 636(b)(1).

2 Id.

3 Barilla v. Ervin, 886 F.2d 1514, 1518 (9th Cir. 1989), overruled on other grounds by Simpson v. Lear Astronics Corp., 77 F.3d 1170, 1174 (9th Cir. 1996).

4 Taberer v. Armstrong World Indus., Inc., 954 F.2d 888, 906 (3d Cir. 1992).

III. DISCUSSION

Having reviewed the report and recommendation according to the standard articulated above, the court ACCEPTS it. Petitioner's petition is DENIED and DISMISSED.