Rodriguez v. Shinn

Opinion

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8

David A ntonio Rodriguez, ) No. CV-23-08005-PCT-SPL ) 9 ) 10 Petitioner, ) ORDER vs. ) ) 11 ) David Shinn, et al., ) 12 ) 13 Respondents. ) ) 14 )

15 Petitioner David Antonio Rodriguez has filed a Petition for Writ of Habeas Corpus 16 pursuant to 28 U.S.C. § 2254 (Doc. 1). The Honorable John Z. Boyle, United States 17 Magistrate Judge, issued a Report and Recommendation (“R&R”) (Doc. 9), recommending 18 that the Court deny the Petition. Judge Boyle advised the parties that they had fourteen (14) 19 days to file objections to the R&R and that failure to file timely objections could be 20 considered a waiver of the right to obtain review of the R&R. (Doc. 9 at 12) (citing 28 21 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 22 1121 (9th Cir. 2003)). 23 The parties did not file objections, which relieves the Court of its obligation to 24 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 25 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 26 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 27 determine de novo any part of the magistrate judge’s disposition that has been properly 28 objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will adopt the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1) (stating 2| that the district court “may accept, reject, or modify, in whole or in part, the findings or 3 | recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge 4) may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.”). Accordingly, 6 IT IS ORDERED: 7 1. That Magistrate Judge John Z. Boyle’s Report and Recommendation (Doc. 8 | 9) is accepted and adopted by the Court; 9 2. That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 10 | (Doc. 1) is denied and dismissed with prejudice; 11 3. That a certificate of appealability on appeal is denied; and 12 4. That the Clerk of Court shall terminate this action. 13 Dated this 30th day of October, 2023. 14

16 United States District didge 17 18 19 20 21 22 23 24 25 26 27 28