Davis v. Shinn

• Court: District Court, D. Arizona
• Decided: January 18, 2022
• Docket: 2:21-cv-01040
• Status: Unknown

Opinion

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 John Leo Davis, No. CV-21-01040-PHX-MTL

10 Petitioner, ORDER

11 v. NOT FOR PUBLICATION

12 David Shinn, et al.,

13 Respondents. 14 15 Before the Court is the Report and Recommendation of the Magistrate Judge 16 (R & R) (Doc. 7) recommending that the Petition for Writ of Habeas Corpus (Doc. 1) be 17 denied. Petitioner has not filed objections to the R & R. 18 In reviewing an R & R, this Court “may accept, reject, or modify, in whole or in 19 part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. 20 § 636(b)(1). “[T]he district judge must review the magistrate judge’s findings and 21 recommendations de novo if objection is made, but not otherwise.” United States v. Reyna- 22 Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); see Thomas 23 v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts need not conduct “any review 24 at all . . . of any issue that is not the subject of an objection”). No objections having been 25 received, the Court will accept and adopt the R & R. 26 Based on the foregoing, 27 IT IS ORDERED that the Report and Recommendation (Doc. 7) is accepted. 28 IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (Doc. || 1) 1s denied. 2 IT IS FURTHER ORDERED that issuance of a certificate of appealability is □□ denied because denial of the Petition is justified by a plain procedural bar and Petitioner has not made a substantial showing of the denial of a constitutional right. 5 IT IS FINALLY ORDERED directing the Clerk of Court to enter judgment, 6 || terminating this case. 7 Dated this 18th day of January, 2022. 8 Wicha T. gibi Michael T. Liburdi 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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