Beyers v. Shinn

6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA Jon Be yer, ) No. CV-19-04943-PHX-SPL ) ) 10 Petitioner, ) ORDER vs. ) ) ) David Shinn, et al., ) ) 13 Respondents. ) ) 14 ) 15 Petitioner Jon Beyer has filed a Petition for Writ of Habeas Corpus pursuant to 28 16 U.S.C. § 2254 (Doc. 1). The Honorable Michelle H. Burns, United States Magistrate Judge, issued a Report and Recommendation (“R&R”) (Doc. 10), recommending that the Court deny the Petition. Judge Burns advised the parties that they had fourteen (14) days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. (Doc. 10) (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).

22 The parties did not file objections, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of an objection.”); 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.”). The Court has nonetheless reviewed the R&R and finds that it is well-taken.

28 The Court will adopt the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1) (stating | that the district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge | may accept, reject, or modify the recommended disposition; receive further evidence; or 4| return the matter to the magistrate judge with instructions.”). Accordingly, 5 IT IS ORDERED: 6 1. That Magistrate Judge Michelle H. Burns’ Report and Recommendation 7| (Doc. 10) is accepted and adopted by the Court; 8 2. That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) is denied and dismissed with prejudice; 10 3. That a certificate of appealability and leave to proceed in forma pauperis on appeal are denied; and 12 4. That the Clerk of Court shall terminate this action.

13 Dated this 9th day of July, 2020.

IS Ae 16 United States District Lddze