Lizardi v. Shinn

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

9 Roberto Lizardi, Jr, No. CV-22-00447-PHX-MTL 10 Petitioner, ORDER v. David Shinn, et al., 13 Respondents.

15 Before the Court is the Report and Recommendation of the Magistrate Judge (“R & R”) (Doc. 14) recommending that the Petition for Writ of Habeas Corpus (Doc. 1) be dismissed with prejudice, and that a certificate of appealability and leave to proceed in forma pauperis on appeal be denied. Petitioner has not filed any objections to the R & R. 19 In reviewing an R & R, the Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1).

21 “[T]he district judge must review the magistrate judge’s finding and recommendations de novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); see Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that the District Court need not conduct “any review at all . . . of any issue that is not the subject of an objection”). No objections having been received, the Court will accept and adopt the R & R in its entirety.

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1 Accordingly, 2 IT IS ORDERED that the Report and Recommendation (Doc. 14) is accepted.

3 IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (Doc. 1) 4|| is dismissed with prejudice.

5 IT IS FURTHER ORDERED denying the issuance of a certificate of appealability || and leave to proceed in forma pauperis on appeal because Petitioner has not demonstrated that reasonable jurists could find the ruling debatable or conclude that the issues presented || are adequate to deserve encouragement to proceed further. See Miller-El v. Cockrell, 537 U.S. 322, 327 (2003).

10 IT IS FINALLY ORDERED directing the Clerk of Court to enter judgment, || terminating this case.

12 Dated this 24th day of May, 2023.

Wicked T. Sibu Michael T. Liburdi 16 United States District Judge _2-