Adams 290037 v. Shinn

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

9 Edmund Herald Adams, No. CV-21-08142-PCT-DLR (JZB) 10 Petitioner, ORDER v. David Shinn, et al., 13 Respondents.

15 Before the Court is Petitioner Edmund Herald Adams Petition (Doc. 2) and United States Magistrate Judge John Z. Boyle’s Report and Recommendation (“R&R”) (Doc. 28)1.

17 The R&R recommends that the Court deny and dismiss the amended petition with prejudice. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. See United States v. Reyna-Tapia, 328 21 F.3d 1114, 1121 (9th Cir. 2003). Neither party filed objections, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . .

24 of any issue that is not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de novo any part of the magistrate judge’s disposition that has been properly objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will accept the R&R in its entirety. See 28 U.S.C. § 636(b)(1) 1 The Court notes that it has also reviewed Respondent’s Notice of Petitioner’s Death (Doc.

29) as well as the Motion to Seal and attached Death Certificate (Doc. 30). || (stating that the district court “may accept, reject, or modify, in whole or in part, the 2|| findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.”).

5 IT IS ORDERED that Respondent’s motion to seal (Doc. 30) is GRANTED. The || Clerk of the Court is directed to file under seal Petitioner’s Death Certificate attached to the motion to seal.

8 IT IS ORDERED that the R&R (Doc. 28) is ACCEPTED.

9 IT IS FURTHER ORDERED Petitioner’s petition (Doc. 1) is DENIED and DISMISSED WITH PREJUDICE.

11 IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed || in forma pauperis on appeal are DENIED because the dismissal of the petition is justified 13} by a plain procedural bar and reasonable jurists would not find the ruling debatable, and || because Petitioner has not made a substantial showing of the denial of a constitutional right.

15 IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgment || accordingly and terminate this case.

17 Dated this 6th day of September, 2023.

20 {Z, 21 _- Ae 22 Upited States District Judge _2-