Cardenas v. Arizona, State of ( 2021 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Laisdel Vieras Cardenas, No. CV20-00903 PHX DGC (CDB) 9 Petitioner, ORDER 10 vs. 11 State of Arizona, et al., 12 13 Respondents. 14 15 Petitioner Laisdel Vieras Cardenas has filed a third amended petition for writ of 16 habeas corpus pursuant to 28 U.S.C. § 2254. Doc. 12. United States Magistrate 17 Camille D. Bibles has issued a report and recommendation (“R&R”) recommending that 18 the petition be denied and dismissed with prejudice. Doc. 18. No objection has been 19 filed, which relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 20 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United 21 States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the 22 R&R, deny, and dismiss the petition with prejudice. 23 IT IS ORDERED: 24 1. The R&R (Doc. 18) is accepted. 25 2. The third amended petition for writ of habeas corpus (Doc. 12) is denied 26 and dismissed with prejudice. 27 3. A certificate of appealability and leave to proceed in forma pauperis on 28 appeal are denied 1 4. The Clerk is directed enter judgment and terminate this action. 2 Dated this Ist day of June, 2021. 3 . David G. Campbeil 6 Senior United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-