Carter v. Ryan

6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA Michael Rennie Carter, No. CV17-4105 PHX DGC (MHB) Petitioner, ORDER vs. Charles Ryan, et al., 13 Respondents.

15 Petitioner Michael Rennie Carter has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Doc. 1. United States Magistrate Michelle H. Burns has issued a report and recommendation (“R&R”) recommending that the petition be denied and dismissed with prejudice. Doc. 22. No objection has been filed, which relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 21 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and deny the petition.

22 IT IS ORDERED: 23 1. The R&R (Doc. 22) is accepted.

24 2. The petition for writ of habeas corpus (Doc. 1) is denied and dismissed 25 with prejudice.

26 3. A certificate of appealability and leave to proceed in forma pauperis on 27 appeal are denied.

28 4. Plaintiff’s motion for certificate of appealability (Doc. 19) is denied.

1 5. The Clerk is directed to terminate this action.

2 Dated this Ist day of October, 2019.

4 .

DV aul 6 Cou lL 6 David. Campbell 7 Senior United States District Judge _2-