Primitivo v. Ryan ( 2019 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Carlos Primitivo, No. CV-18-04595-PHX-ROS 10 Petitioner, ORDER 11 v. 12 Charles L Ryan, et al., 13 Respondents. 14 15 On July 22, 2019, Magistrate Judge Deborah M. Fine issued a Report and 16 Recommendation (“R&R”) recommending the petition for writ of habeas corpus be 17 dismissed as untimely. Petitioner did not file any objections to the R&R. Therefore, the 18 R&R will be adopted in full. See Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. 19 Ariz. 2003) (“[D]istrict courts are not required to conduct any review at all . . . of any issue 20 that is not the subject of an objection.”). 21 Accordingly, 22 IT IS ORDERED the Report and Recommendation (Doc. 15) is ADOPTED IN 23 FULL. The Petition for Writ of Habeas Corpus (Doc. 1) is DENIED. The Clerk of Court 24 shall enter a judgment of dismissal with prejudice. 25 … 26 … 27 … 28 … 1 IT IS FURTHER ORDERED a Certificate of Appealability is DENIED because 2|| dismissal of the petition is justified by a plain procedural bar and jurists of reason would 3 || not find the procedural ruling debatable. 4 Dated this 23rd day of September, 2019. 5 fo . 6 —— . g Senior United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-