Carver v. Shinn

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Richie Lee Carver, No. CV-19-03755-PHX-DWL

Petitioner, ORDER v.

Charles L Ryan, et al.,

Respondents.

Pending before the Court are Petitioner’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) and the Report and Recommendation (“R&R”) of the United States Magistrate Judge (Doc. 17). The R&R, which was issued on April 6, 2021, recommended that the petition be dismissed with prejudice and further provided that “the parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the Court.” (Doc. 17 at 14-15.)

Here, no such objections were filed, even after Petitioner was granted a multitude of extensions (with the objection deadline ultimately extended to August 5, 2021) and even though Petitioner was repeatedly warned that the failure to object would result in the adoption of the R&R. (Docs. 21, 23, 26, 29, 31.) 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. 17) is accepted, that the Petition (Doc. 1) 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 11} 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 11th day of August, 2021.

Dominic W. Lanza United States District Judge

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