Darrin v. Shinn ( 2022 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Jessie Wilder Darrin, No. CV-21-02196-PHX-DWL 10 Petitioner, ORDER 11 v. 12 David Shinn, et al., 13 Respondents. 14 15 Pending before the Court are Petitioner’s Petition for Writ of Habeas Corpus 16 pursuant to 28 U.S.C. § 2254 (Doc. 1) and the Report and Recommendation (“R&R”) of 17 the United States Magistrate Judge (Doc. 27). The R&R, which was issued on October 18, 18 2022, recommended that the petition be denied and dismissed with prejudice and further 19 provided that “[t]he parties shall have fourteen days from the date of service of a copy of 20 this recommendation within which to file specific written objections with the Court.” (Doc. 21 27 at 54-55.) 22 Here, no objections have been filed and the time to object—which was previously 23 extended at Petitioner’s request (Docs. 28, 29)—has expired. Thus, the Court accepts the 24 Magistrate Judge’s recommendation. See, e.g., Thomas v. Arn, 474 U.S. 140, 149-50 25 (1985) (“It does not appear that Congress intended to require district court review of a 26 magistrate’s factual or legal conclusions, under a de novo or any other standard, when 27 neither party objects to those findings.”); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 28 (D. Ariz. 2003) (“[N]o review is required of a magistrate judge’s report and 1 || recommendation unless objections are filed.”). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (“[T]he district judge must review the magistrate judge’s || findings and recommendations de novo if objection is made, but not otherwise.”’). 4 Accordingly, 5 IT IS ORDERED that the R&R’s recommended disposition (Doc. 27) is accepted, 6|| that the Petition (Doc. 1) is denied and dismissed with prejudice, and that the Clerk of || Court shall enter judgment accordingly. 8 IT IS FURTHER ORDERED that a certificate of appealability and leave to || proceed in forma pauperis on appeal are DENIED because the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling |} debatable. 12 Dated this 28th day of December, 2022. 13 14 Lm ee” 15 f t _o———— Dominic W, Lanza 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 -2-