Solis-Antonio 319955 v. Thornell

Opinion

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9 German Solis-Antonio, No. CV-24-00182-PHX-MTL

10 Petitioner, ORDER

11 v.

12 Ryan Thornell, et al.,

13 Respondents. 14 15 Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge 16 Camille D. Bibles, recommending that Petitioner’s Petition for Writ of Habeas Corpus be 17 denied along with a certificate of appealability. (Doc. 12.) 18 Petitioner was given fourteen days from the date of service of the R&R to file 19 specific written objections with the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). 20 The R&R was emailed to Petitioner on November 26, 2024. No objections have been 21 received. Therefore, the Court will accept and adopt the R&R. See Thomas v. Arn, 474 22 U.S. 140, 149 (1985) (finding that district courts are not required to conduct “any review 23 at all . . . of any issue that is not the subject of an objection”; see also United States v. 24 Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (explaining the “statute makes 25 it clear that the district judge must review the magistrate judge’s findings and 26 recommendations de novo if objection is made, but not otherwise”) (emphasis in original). 27 . . . . 28 . . . . 1 Accordingly, 2 IT IS ORDERED that the Report and Recommendation (Doc. 12) is accepted. 3 IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (Doc. 1) is denied. 5 IT IS FURTHER ORDERED denying the issuance of a certificate of appealability 6 || and leave to proceed in forma pauperis on appeal because Petitioner has not demonstrated || that reasonable jurists could find the ruling debatable or conclude that the issues presented 8 || are adequate to deserve encouragement to proceed further. See Neiss v. Bludworth, 114 F.4th 1038, 1046-47 n.1 (9th Cir. 2024) (citing Miller-El v. Cockrell, 537 U.S. 322, 336 (2003)); 28 U.S.C. § 2253(c). 11 IT IS FINALLY ORDERED that the Clerk of Court shall enter judgment || accordingly and close this case. 13 Dated this 20th day of December, 2024. 14 Michal T. Fburdle 6 Michael T. Liburdi 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28

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