Lowe 312000 v. Hacker-Agnew

WO

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Derrick Damarian Lowe, No. CV-18-03151-PHX-SHR

Petitioner, Order Adopting Report & Recommendation and Dismissing v. Petition

Carla Hacker-Agnew, et al.,

Respondents.

On April 9, 2021, Magistrate Judge Jacqueline M. Rateau issued a Report and Recommendation (“R&R”) in which she recommended the Court dismiss Petitioner Derrick Lowe’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition”). (Doc. 15) The R&R notified the parties they had fourteen (14) days from the date of the R&R to file any objections. No objections have been filed.

If neither party objects to a magistrate judge’s report and recommendation, the District Court is not required to review the magistrate judge’s decision under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute for review of a magistrate judge’s recommendation “does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard.” Id., at 154.

The Court has reviewed the Petition (Doc. 1), the Respondent’s Answer (Doc. 9), Petitioner’s Reply (Doc. 13), and Judge Rateau’s R&R (Doc. 15). The Court finds the R&R well-reasoned and agrees with Judge Rateau’s conclusions.

IT IS ORDERED the R&R (Doc. 15) is ADOPTED and Plaintiff's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) is DENIED and DISMISSED.

IT IS FURTHER ORDERED the Clerk of Court shall docket accordingly and close the case file in this matter.

Dated this 9th day of June, 2021.

Fath el

Honorable Scott H. Rash _/ United States District Judge

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