Day 342738 v. Thornell

6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA Donnie Guy Day, ) No. CV-24-08141-PCT-SPL ) ) 10 Petitioner, ) ORDER vs. ) ) ) Ryan Thornell, et al., ) ) 13 Respondents. ) ) 14 ) 15 The Court has before it, Petitioner’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1), the Limited Answer from the Respondents, (Doc. 14) and a Reply from the Petitioner (Doc. 16). Additionally, the Court has also considered the Report and Recommendation (“R&R”) from the Magistrate Judge (Doc. 17), Petitioner’s Objections (Doc. 18), and Respondents’ Response (Doc. 19).

20 A district judge “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). When a party files a timely objection to an R&R, the district judge reviews de novo those portions of the R&R that have been “properly objected to.” Fed. R. Civ. P. 72(b). A proper objection requires specific written objections to the findings and recommendations in the R&R. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); 28 U.S.C. § 636(b) (1). It follows that the Court need not conduct any review of portions to which no specific objection has been made. See Reyna-Tapia, 328 F.3d at 1121; see also Thomas v. Arn, 474 28 U.S. 140, 149 (1985) (discussing the inherent purpose of limited review is judicial economy). Further, a party is not entitled as of right to de novo review of evidence or arguments which are raised for the first time in an objection to the R&R, and the Court’s | decision to consider them is discretionary. United States v. Howell, 231 F.3d 615, 621-622 4} (9th Cir. 2000).

5 The Court has carefully undertaken an extensive review of the sufficiently | developed record. The Petitioner’s objections to the findings and recommendations have | also been thoroughly considered.

8 After conducting a de novo review of the issues and objections, the Court reaches | the same conclusions reached by the magistrate judge. The R&R will be adopted in full.

10| Accordingly, 11 IT IS ORDERED: 12 1. That the Magistrate Judge’s Report and Recommendation (Doc. 17) is | accepted and adopted by the Court; 14 2. That the Petitioner’s Objections (Doc. 18) are overruled; 15 3. That the Petition for Writ of Habeas Corpus (Doc. 1) is denied, and this | action is dismissed with prejudice; 17 4, That a Certificate of Appealability and leave to proceed in forma pauperis | on appeal are denied; and 19 5. That the Clerk of Court shall enter judgment according and terminate this | action.

21 Dated this 24th day of April, 2025.

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