Harden v. Shinn ( 2021 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Charles D’Mon Harden, No. CV-19-05413-PHX-JJT (JFM) 10 Petitioner, ORDER 11 v. 12 Charles L, Ryan, et al., 13 Respondents. 14 15 At issue is the Report and Recommendation (Doc. 17, “R&R”) submitted by United 16 States Magistrate Judge James F. Metcalf recommending the Court: 1) deny Ground 1 and 17 part of Ground 3 of the Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus 18 (Doc. 1); and 2) dismiss with prejudice Ground 2 and the remainder of Ground 3 of the 19 Petition. Judge Metcalf advised the parties they had 14 days after service of the R&R to 20 file any objections thereto, and warned that failure to timely file objections to the R&R will 21 result in acceptance of the Report and Recommendation by the District Court without 22 further review” pursuant to United States v. Reyna-Tapia, 328 F. 3d 1114, 1121 9th Cir. 23 2003). The time to file objections passed nearly a month ago and Petitioner filed none. The 24 Court therefore accepts the R&R and its underlying analysis. 25 IT IS ORDERED adopting in whole the R&R (Doc. 17) in this matter. 26 IT IS FURTHER ORDERED dismissing with prejudice Grounds 2 and 3 of the 27 Petition (Doc. 1), and denying on the merits Ground 1 and his claim for ineffective 28 1 || assistance of PCR counsel in Ground 3 of the Petition. The Clerk of Court shall close this matter. 3 IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to 4|| appeal in forma pauperis. Jurists of reason would find neither the Court’s procedural ruling || above nor its assessment of the constitutional claims debatable. 6 Dated this 20th day of July, 2021. CN : 8 wef hlee— Unifga StatesDistrict Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-