Nash v. Ryan ( 2021 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Vernon Stuart Nash, No. CV-18-02986-PHX-RCC 10 Petitioner, ORDER 11 v. 12 Charles L Ryan, et al., 13 Respondents. 14 15 On May 18, 2021, Magistrate Judge Bruce G. Macdonald issued a Report and 16 Recommendation (“R&R”) in which he recommended that the Court enter an order 17 denying Petitioner Vernon Stuart Nash’s Petition Under 28 U.S.C. § 2254 for a Writ of 18 Habeas Corpus by a Person in State Custody (Non-Death Penalty) (Doc. 12). (Doc. 20.) 19 Judge Macdonald notified the parties they had fourteen days from the date of the R&R to 20 file objections and an additional fourteen days to file a response. (Id. at 26.) No 21 objections were filed. 22 If neither party objects to a magistrate judge’s report and recommendation, the 23 District Court is not required to review the magistrate judge’s decision under any 24 specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the 25 statute guiding review of a magistrate judge’s recommendation “does not preclude further 26 review by the district judge, sua sponte or at the request of a party, under a de novo or 27 any other standard.” Id. at 154. 28 The Court has reviewed and considered the amended Petition (Doc. 12), Judge 1 || Macdonald’s screening order (Doc. 13), Respondent’s limited response (Doc. 17), and 2|| the R&R (Doc. 20). The Court finds the R&R well-reasoned and agrees with Judge 3 || Macdonald’s conclusions. 4 Accordingly, IT IS ORDERED the R&R is ADOPTED (Doc. 20) and □□□□□□□□□□ □ || Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal || Custody (Doc. 12) is DISMISSED WITH PREJUDICE. The Clerk of Court shall docket accordingly and close the case file in this matter. 8 Pursuant to Rule 11l(a) of the Rules Governing Section 2254 Cases, in the event 9|| Petitioner files an appeal, the Court declines to issue a certificate of appealability because 10 || reasonable jurists would not find the Court’s ruling debatable. See Slack vy. McDaniel, 529 U.S. 473, 484 (2000). 12 Dated this 13th day of July, 2021. 13 14 4] 15 Lb pL tK~ Cub 16 Honorable Raner ©. Collins 17 senior United States District Judge 18 19 20 21 22 23 24 25 26 27 28 -2-