Opinion
CV-18-02986-PHX-RCC
07-13-2021
Vernon Stuart Nash, Petitioner, v. Charles L Ryan, et al., Respondents.
ORDER
Honorable Raner C. Collins Senior United States District Judge.
On May 18, 2021, Magistrate Judge Bruce G. Macdonald issued a Report and Recommendation (“R&R”) in which he recommended that the Court enter an order denying Petitioner Vernon Stuart Nash's Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody (Non-Death Penalty) (Doc. 12). (Doc. 20.) Judge Macdonald notified the parties they had fourteen days from the date of the R&R to file objections and an additional fourteen days to file a response. (Id. at 26.) No. objections were filed.
If neither party objects to a magistrate judge's report and recommendation, the District Court is not required to review the magistrate judge's decision under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute guiding review of a magistrate judge's recommendation “does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard.” Id. at 154.
The Court has reviewed and considered the amended Petition (Doc. 12), Judge Macdonald's screening order (Doc. 13), Respondent's limited response (Doc. 17), and the R&R (Doc. 20). The Court finds the R&R well-reasoned and agrees with Judge Macdonald's conclusions.
Accordingly, IT IS ORDERED the R&R is ADOPTED (Doc. 20) and Plaintiffs Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody (Doc. 12) is DISMISSED WITH PREJUDICE. The Clerk of Court shall docket accordingly and close the case file in this matter.
Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000).