Cohen v. Shinn ( 2020 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Samuel L Cohen, Jr., No. CV-18-00417-TUC-SHR 10 Petitioner, ORDER 11 v. 12 Charles L Ryan, et al., 13 Respondents. 14 15 On July 22, 2020, Magistrate Judge Eric J. Markovich issued a Report and 16 Recommendation (“R&R”) in which he recommended the Court dismiss Petitioner Samuel 17 L. Cohen, Jr.’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 18 (“Petition”). (Doc. 10.) The R&R notified the parties they had fourteen (14) days from 19 the date of the R&R to file any objections. No objections have been filed. 20 If neither party objects to a magistrate judge’s report and recommendation, the 21 District Court is not required to review the magistrate judge’s decision under any specified 22 standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute for 23 review of a magistrate judge’s recommendation “does not preclude further review by the 24 district judge, sua sponte or at the request of a party, under a de novo or any other standard.” 25 Thomas, 474 U.S. at 154. 26 The Court has reviewed the Petition (Doc. 1), the Respondent’s Answer (Docs. 7), 27 Petitioner’s Reply (Doc. 9), and Judge Markovich’s R&R (Doc. 10). The Court finds the 28 R&R well-reasoned and agrees with Judge Markovich’s conclusions. See Fed. R. Civ. P. 72(b). 2 IT IS ORDERED the R&R is ADOPTED (Doc. 10) and Samuel L. Cohen, Jr.’s 3|| Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 is DENIED and 4|| DISMISSED (Doc. 1). The Clerk of Court shall docket accordingly and close the case file || in this matter. 6 Dated this 21st day of August, 2020. 7 8 10 11 ( : Honorable Scott H. Rash 1 _/ United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-