Scott v. Schriro

Full title: Frank Scott, Plaintiff, v. Dora Schriro, et al., Defendants

Court: United States District Court, D. Arizona

Date published: Feb 29, 2008

No. CV 04-00017-PHX-EHC (D. Ariz. Feb. 29, 2008)

Opinion

No. CV 04-00017-PHX-EHC.

February 29, 2008

ORDER

EARL CARROLL, Senior District Judge

Before the Court is Petitioner's Petition for Writ of Habeas Corpus (Dkt. 1) pursuant to 28 U.S.C. § 2254. Magistrate Judge Charles R. Pyle has issued a Report and Recommendation (Dkt. 51) recommending that Petitioner's writ be denied. Petitioner has filed Objections (Dkt. 58).

The Court reviews de novo the portions of the Magistrate Judge's Report and Recommendation to which Petitioner has filed an objection. 28 U.S.C. § 636(b)(1)(C) ("a judge of the court shall make a de novo determination of those portions of the report, . . ., to which objection is made."); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The district court is not required to review any issue that is not the subject of an objection. Schmidt v. Johnstone, 263 F. Supp. 2d 1219 (D. Ariz. 2003), citing Thomas v. Arn, 474 U.S. 140, 149 (1985).

The Court has reviewed de novo the record in this matter and agrees with the Report and Recommendation of the Magistrate Judge regarding disposition. The Court has also considered the three pending motions filed prior to the issuance of the Report and Recommendation, and finds that they do not impact upon the outcome of this case.¹

1 Petitioner filed a Motion for Lodging Formal Legal Objections to the Respondent's Filing Improper Status Report (Dkt. 47), a Motion to Inform the Court that Respondents' Agents Delayed the Petitioner's Receipt of Respondents Nov. 1^st Response, until Nov. 10^th (Dkt. 49), and a Motion to Request A Status Update (Dkt. 50). To the extent that Dockets 47 and 49 request consideration of the arguments advanced therein, they are granted, but are otherwise denied to the extent they request further relief. Because the Magistrate Judge issued a Report and Recommendation, Docket 50 is now moot.

Accordingly,

IT IS ORDERED adopting in full the Magistrate Judge's Report and Recommendation (Dkt. 51).

IT IS FURTHER ORDERED granting Dockets 47 and 49 to the extent that these motions request consideration of the arguments advanced therein, and denying these motions to the extent they request further relief.

IT IS FURTHER ORDERED denying as moot Petitioner's Motion for Status Update (Dkt. 50).

IT IS FURTHER ORDERED that Petitioner's Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Dkt. 1) is DENIED and DISMISSED WITH PREJUDICE.