Membrilla v. Napier ( 2021 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Richard A Membrilla, No. CV-19-00606-TUC-RCC 10 Petitioner, ORDER 11 v. 12 Mark Napier, et al., 13 Respondents. b 14 On December 31, 2019, Petitioner Richard A. Membrilla filed a Petition for Writ 15 of Habeas Corpus under 28 U.S.C. § 2254. (“Petition”). (Doc. 1). The Petition was fully 16 briefed November 10, 2020. (Doc. 18). Thereafter, Magistrate Judge Leslie Bowman 17 issued and Report and Recommendation (“R&R”) recommending that this Court dismiss 18 Petitioner’s claims as time-barred or, in the alternative, as non-cognizable claims. (Doc. 19 19). The R&R notified the parties they had fourteen (14) days from the date of the R&R 20 to file any objections. No objections have been filed. 21 If neither party objects to a magistrate judge’s report and recommendation, the 22 District Court is not required to review the magistrate judge’s decision under any 23 specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the 24 statute for review of a magistrate judge’s recommendation “does not preclude further 25 review by the district judge, sua sponte or at the request of a party, under a de novo or 26 any other standard.” Thomas, 474 U.S. at 154. 27 This Court reviewed and considered the Petition (Doc. 1), Judge Bowman’s R&R 28 (Doc. 19). The Court finds the R&R well-reasoned and agrees with Magistrate Judge Bowman’s conclusions. 2|| Certificate of Appealability 3 In this matter, Petitioner failed to file any objections to the R&R. The Court finds 4|| that jurists of reason would not find it debatable that Petitioner’s claims were time-barred. || Therefore, this Court shall not issue a Certificate of Appealability. Any further request 6|| for a Certificate of Appealability must be addressed to the Court of Appeals. See 7\| Fed.R.App.P. 22(b); Ninth Circuit R. 22-1. 8 Accordingly, IT IS HEREBY ORDERED the R&R (Doc. 19) is ADOPTED and Plaintiff's Petition is DISMISSED. IT IS FURTHER ORDERED this Court SHALL 10/1 NOT issue a Certificate of Appealability for this matter. The Clerk of Court shall docket I! accordingly and close the case file in this matter. Dated this 12th day of April, 2021. 13 14 15 Dp AK Honorable Raner ©. Collins 17 sernior United States District Judge 18 19 20 21 22 23 24 25 26 27 28 _2-