Summers v. Shinn

6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Zera Summers, Jr., No. CV-18-04255-PHX-DLR 10 Petitioner, ORDER v. Charles L Ryan, et al., 13 Respondents.

16 Before the Court is Petitioner Zera Summers, Jr.’s Petition for Writ of Habeas Corpus (Doc. 1) and United States Magistrate Judge Michelle H. Burns’ Report and Recommendation (“R&R”) (Doc. 22). The R&R recommends that the Court deny the petition and dismiss it with prejudice. The Magistrate Judge advised the parties that they had fourteen 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. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Neither party filed 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. The Court will accept the R&R in its entirety. 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; 4|| receive further evidence; or return the matter to the magistrate judge with instructions.”).

5 IT IS ORDERED that Magistrate Judge Burns’ R&R (Doc. 22) is ACCEPTED. || Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is DENIED and DISMISSED 7\| WITH PREJUDICE. A Certificate of Appealability and leave to proceed in forma || pauperis on appeal are DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. The Clerk is directed to terminate this case.

10 Dated this 22nd day of September, 2020.

13 , {Z, 14 _- Ae 15 Usted States Dictric Judge _2-