Cherry 310089 v. Shinn ( 2020 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 LaQuint Cherry, No. CV-18-04092-PHX-DWL 10 Petitioner, ORDER 11 v. 12 Charles L Ryan, et al., 13 Respondents. 14 15 Pending before the Court are Petitioner’s second amended petition for writ of habeas 16 corpus pursuant to 28 U.S.C. § 2254 (Doc. 11) and the Report and Recommendation 17 (“R&R”) of the Magistrate Judge (Doc. 36). The R&R, which was issued on January 24, 18 2020, recommended that the second amended petition be dismissed with prejudice and 19 further provided that “[t]he parties shall have fourteen (14) days from the date of service 20 of a copy of this recommendation within which to file specific written objections with the 21 Court.” (Doc. 36 at 13.) 22 Here, no such objections have been filed. Thus, the Court accepts the Magistrate 23 Judge’s recommendation. See, e.g., Thomas v. Arn, 474 U.S. 140, 149-50 (1985) (“It does 24 not appear that Congress intended to require district court review of a magistrate’s factual 25 or legal conclusions, under a de novo or any other standard, when neither party objects to 26 those findings.”); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (“[N]o 27 review is required of a magistrate judge’s report and recommendation unless objections are 28 filed.”). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) 1|| (“[T]he district judge must review the magistrate judge’s findings and recommendations 2|| de novo if objection is made, but not otherwise.”’). 3 Accordingly, 4 IT IS ORDERED that the R&R’s recommended disposition (Doc. 36) is accepted, 5 || that the second amended petition (Doc. 11) is dismissed with prejudice, and that the Clerk 6 || of Court shall enter judgment accordingly. 7 IT IS FURTHER ORDERED that a certificate of appealability and leave to 8 || proceed in forma pauperis on appeal be DENIED because dismissal of the petition is 9|| justified by a plain procedural bar and jurists of reason would not find the procedural ruling 10 || debatable. 11 Dated this 24th day of February, 2020. 12 13 Lay 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-