Harden v. Shinn

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

9 Charles D’Mon Harden, No. CV-19-05413-PHX-JJT (JFM) 10 Petitioner, ORDER v. Charles L, Ryan, et al., 13 Respondents.

15 At issue is the Report and Recommendation (Doc. 17, “R&R”) submitted by United States Magistrate Judge James F. Metcalf recommending the Court: 1) deny Ground 1 and part of Ground 3 of the Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus (Doc. 1); and 2) dismiss with prejudice Ground 2 and the remainder of Ground 3 of the Petition. Judge Metcalf advised the parties they had 14 days after service of the R&R to file any objections thereto, and warned that failure to timely file objections to the R&R will result in acceptance of the Report and Recommendation by the District Court without further review” pursuant to United States v. Reyna-Tapia, 328 F. 3d 1114, 1121 9th Cir. 2003). The time to file objections passed nearly a month ago and Petitioner filed none. The Court therefore accepts the R&R and its underlying analysis.

25 IT IS ORDERED adopting in whole the R&R (Doc. 17) in this matter.

26 IT IS FURTHER ORDERED dismissing with prejudice Grounds 2 and 3 of the Petition (Doc. 1), and denying on the merits Ground 1 and his claim for ineffective || assistance of PCR counsel in Ground 3 of the Petition. The Clerk of Court shall close this matter.

3 IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to 4|| appeal in forma pauperis. Jurists of reason would find neither the Court’s procedural ruling || above nor its assessment of the constitutional claims debatable.

6 Dated this 20th day of July, 2021. CN : 8 wef hlee— Unifga StatesDistrict Judge _2-