Opinion
CV-15-00711-PHX-DJH (JFM)
10-19-2022
Bobby Jerry Tatum, Petitioner, v. Charles L Ryan, et al., Respondents.
ORDER
Honorable Diane J. Humetewa, United States District Judge
Pending before the Court is Magistrate Judge Metcalf's Report and Recommendation on Stay of Petition (“R&R”) (Doc. 59). Therein, Judge Metcalf recommends that consideration of Petitioner's Amended Petition for Writ of Habeas Corpus be stayed until completion of Petitioner's pending proceedings before the Arizona Supreme Court. (Id. at 10-11). Judge Metcalf advised the parties that they had fourteen days to file objections and that the failure to timely do so “will be considered a waiver of a party's right to de novo consideration of the issues.” (Id. at 11) (citing United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)). Neither party has filed objections to the R&R. The Court has nonetheless reviewed the findings and recommendations made therein and finds no reason to disagree or modify its recommendations. The Court will, therefore, accept the R&R and stay this matter pending Petitioner's state court proceedings. 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 Metcalf's Report and Recommendation (Doc. 59) is ACCEPTED and ADOPTED as the Order of this Court.
IT IS FURTHER ORDERED that consideration of Petitioner's Amended Petition for Writ of Habeas Corpus (Doc. 11) is STAYED until completion of Petitioner's pending proceedings before the Arizona Supreme Court.
IT IS FINALLY ORDERED that Petitioner shall be required to file a Notice of Status of his state court proceedings within 30 days of this Order, every three (3) months thereafter, and within 30 days of any final ruling by the Arizona Supreme Court in such proceeding.