Opinion
No. CV-11-02129-PHX-ROS
05-16-2012
Patrick G. Martin, Plaintiff, v. Charles L. Ryan, et al., Defendants.
ORDER
Pending before the Court is the Magistrate Judge's April 24, 2012 Report and Recommendation ("R&R"). (Doc. 13). The R&R recommends the petition for writ of habeas corpus be denied and dismissed with prejudice. Petitioner did not file any objections.
A district judge "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b). Where any party has filed timely objections to the magistrate judge's report and recommendations, the district court's review of the part objected to is to be de novo. Id.; see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) ("Following Reyna-Tapia, this Court concludes that de novo review of factual and legal issues is required if objections are made, but not otherwise.") (internal quotations and citations omitted).
No objections being made, the Court will adopt the Report and Recommendation in full.
Accordingly,
IT IS ORDERED the Report and Recommendation is ADOPTED and the Petition (Doc. 1) is DENIED and this case is DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed in forma pauperis on appeal is DENIED because the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable.
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Roslyn O. Silver
Chief United States District Judge