Opinion
CV-23-00632-PHX-DJH
04-24-2024
Rudolph John Porter, Jr., Petitioner, v. Ryan Thornell, et al., Respondents.
ORDER
DIANE J. HUMETEWA, UNITED STATES DISTRICT JUDGE
On February 16, 2024, Magistrate Judge Deborah M. Fine issued a Report and Recommendation (“R&R”) recommending that Petitioner Rudolph John Porter, Jr.'s Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody (Non-Death Penalty) (“Petition”) (Doc. 1) be denied, and the matter dismissed with prejudice. (See Doc. 16 at 26-27). The R&R also recommends that a certificate of appealability be denied because dismissal is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable. (Id. at 26). Judge Fine advised the parties that they had fourteen days to file objections and that the failure to timely do so “may result in the acceptance of the Report and Recommendation by the district court without further review.” (Id. at 27) (citing United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)). Over fourteen days have passed and neither party has filed an objection.
Absent any objections, the Court is not required to review the findings and recommendations in the R&R. See Thomas, 474 U.S. at 149 (noting that the relevant provision of the Federal Magistrates Act, 28 U.S.C. § 636(b)(1), “does not on its face require any review at all . . . of any issue that is not the subject of an objection.”); Reyna-Tapia, 328 F.3d at 1121 (same); 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.”).
Nonetheless, the Court has reviewed Judge Fine's comprehensive and well-reasoned R&R and agrees with its findings and recommendations. The Court will, therefore, accept the R&R and dismiss the Petition. See 28 U.S.C. § 636(b)(1) (“A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.”); Fed.R.Civ.P. 72(b)(3) (same).
Accordingly, IT IS ORDERED that Magistrate Judge Fine's Report and Recommendation (Doc. 16) is ACCEPTED and ADOPTED as the Order of this Court.
IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) is DENIED and DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because dismissal is justified by a plain procedural bar and reasonable jurists would not find the procedural ruling debatable.
IT IS FINALLY ORDERED that the Clerk of the Court shall terminate this action and enter judgment accordingly.