Casteel v. Thornell

Opinion

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Everett Gregory Casteel, No. CV-23-01516-PHX-GMS (MTM) 9 Petitioner, 10 ORDER v. 11 and Ryan Thornell, et al., 12 13 Respondents. DENIAL OF CERTIFICATE OF APPEALABILITY AND IN FORMA 14 PAUPERIS STATUS 15 Pending before the Court is the Report and Recommendation (“R&R”) of 16 Magistrate Judge Morrissey (Doc. 12) regarding Petitioner’s Petition for Writ of Habeas 17 Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1). The R&R recommends that the 18 Petition be denied and dismissed with prejudice. The Magistrate Judge advised the parties 19 that they had fourteen days to file objections to the R&R. (R&R at 7 (citing 28 U.S.C. § 20 636(b)(1); Fed. R. Civ. P. 6(a), 6(b) and 72; United States v. Reyna-Tapia, 328 F.3d 1114, 21 1121 (9th Cir. 2003) (en banc)). No objections were filed. 22 Because the parties did not file objections, the court need not review any of the 23 Magistrate Judge’s determinations on dispositive matters. See 28 U.S.C. § 636(b)(1); Fed. 24 R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); 25 Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any 26 review at all . . . of any issue that is not the subject of an objection.”). The absence of a 27 timely objection also means that error may not be assigned on appeal to any defect in the 28 rulings of the Magistrate Judge on any non-dispositive matters. Fed. R. Civ. P. 72(a) (“A 1 || party may serve and file objections to the order within 14 days after being served with a 2|| copy [of the magistrate’s order]. A party may not assign as error a defect in the order not || timely objected to.”); Simpson v. Lear Astronics Corp., 77 F.3d 1170, 1174 (9th Cir. 1996); 4|| Phillips v. GMC, 289 F.3d 1117, 1120-21 (9th Cir. 2002). 5 The Court will accept the R&R and dismiss the Petition. See 28 U.S.C. § 636(b)(1) 6|| (stating that the district court “may accept, reject, or modify, in whole or in part, the □□ findings or recommendations made by the magistrate”). 8 IT IS ORDERED that Report and Recommendation of the Magistrate Judge (Doc.12) is accepted. 10 IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying 11 |} and dismissing petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1) with prejudice. The Clerk shall terminate this action. 13 A request for a certificate of appealability will be denied because the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the 15 || ruling debatable. 16 Dated this 18th day of December, 2024. 7 of Murs Bunn) 19 Senior United States District Judge 20 21 22 23 24 25 26 27 28

-2-