Mitchell v. Shinn ( 2020 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Willie James Mitchell, Jr., No. CV-18-03153-PHX-ROS 10 Petitioner, ORDER 11 v. 12 Charles L Ryan, et al., 13 Respondents. 14 15 On December 23, 2019, Magistrate Judge Michelle H. Burns issued a Report and 16 Recommendation (“R&R”) recommending the amended petition for writ of habeas corpus 17 be denied as untimely. (Doc. 16). Petitioner did not file objections. The absence of 18 objections means this Court has no obligation to review the R&R. See Schmidt v. 19 Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (holding “district courts are not 20 required to conduct any review at all” of an R&R if no objections are made). 21 Accordingly, 22 IT IS ORDERED the Report and Recommendation (Doc. 16) is ADOPTED IN 23 FULL. The petition for writ of habeas corpus (Doc. 9) is DENIED and DISMISSED 24 WITH PREJUDICE. 25 … 26 … 27 … 28 … 1 IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed 2 || in forma pauperis on appeal are DENIED because the dismissal of the petition is justified 3|| by a plain procedural bar and jurists of reason would not find the procedural ruling 4|| debatable. 5 Dated this 3rd day of February, 2020. 6 fo - 7 ( — . 9 Senior United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-