Mason 240482 v. Shinn

Opinion

1 2 3 4 5 8 Nathan Sterling Mason, No. CV-21-08035-PCT-DGC 9 Petitioner, ORDER 10 v. 11

David Shinn, et al., 12

13 Respondents. 14 Pending before the Court is a § 2254 petition filed by Petitioner Nathan Sterling 15 Mason. Doc. 1. Respondents have filed a limited response (Doc. 10), and Petitioner has 16 not replied. United States Magistrate Judge Michelle H. Burns has issued a report and 17 recommendation (R&R) that the petition be dismissed with prejudice and that a 18 certificate of appealability and leave to proceed in forma pauperis on appeal be denied. 19 Doc. 11. No objection has been filed, which relieves the Court of its obligation to review 20 the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); see also Thomas v. Arn, 21 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 22 2003). The Court will accept the R&R. 23 IT IS ORDERED: 24 1. The R&R (Doc.11) is accepted. 25 2. The Petition for Writ of Habeas Corpus (Doc. 1) is denied and dismissed 26 with prejudice. 27 3. A certificate of appealability and leave to proceed in forma pauperis on 28 appeal are denied. 1 4. The Clerk of Court is directed to enter judgment accordingly and terminate 2 this action. 3 Dated this 28th day of October, 2021. 4 Dan Co 6 Aw _ 7 David G. Campbell 3 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

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