Tebaqui v. Shinn

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Manuel Tebaqui, No. CV-20-08205-PCT-DWL

Petitioner, ORDER v.

David Shinn, et al.,

Respondents.

Pending before the Court are Petitioner’s Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 5) and the Report and Recommendation (“R&R”) of the United States Magistrate Judge (Doc. 12). The R&R, which was issued on January 12, 2021, recommends that the amended petition be dismissed with prejudice and further provides that “[t]he parties shall have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections with the Court.” (Doc. 12 at 10-11.)

Here, no such objections have been filed. Thus, the Court accepts the Magistrate Judge’s recommendation. See, e.g., Thomas v. Arn, 474 U.S. 140, 149-50 (1985) (“It does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (“[N]o review is required of a magistrate judge’s report and recommendation unless objections are filed.”). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (“[T]he district judge must review the magistrate judge’s findings and recommendations de novo if objection is made, but not otherwise.”’).

Accordingly,

IT IS ORDERED that the R&R’s recommended disposition (Doc. 12) is accepted, that the Amended Petition (Doc. 5) is dismissed with prejudice, and that the Clerk of Court || shall enter judgment accordingly.

IT IS FURTHER ORDERED that a certificate of appealability and leave to proceed in forma pauperis on appeal be DENIED because the dismissal of the petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable.

Dated this Ist day of February, 2021.

Am ee f

Dominic W. Lanza United States District Judge

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