Taylor 312941 v. Shinn

• Court: District Court, D. Arizona
• Decided: February 23, 2024
• Docket: 2:21-cv-01300
• Status: Unknown

Opinion

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

9 Cameron Leezell Taylor, No. CV-21-01300-PHX-DLR

10 Petitioner, ORDER

11 v.

12 David Shinn, et al.,

13 Respondents. 14 15 Before the Court is Petitioner Cameron Leezall Taylor’s Amended Petition and 16 Memorandum of Law in Support (Doc. 58, 59), Petitioner’s Motion to Stay (Doc. 78), and 17 United States Magistrate Judge Morrissey’s Report and Recommendation (“R&R”) (Doc. 18 86). The R&R recommends that the Court deny and dismiss the amended petition with 19 prejudice, and deny the motion to stay. The Magistrate Judge advised the parties that they 20 had fourteen days to file objections to the R&R and that failure to file timely objections 21 could be considered a waiver of the right to obtain review of the R&R. See United States 22 v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Neither party filed objections, which 23 relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; 24 Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any 25 review at all . . . of any issue that is not the subject of an objection.”); Fed. R. Civ. P. 26 72(b)(3) (“The district judge must determine de novo any part of the magistrate judge’s 27 disposition that has been properly objected to.”). The Court has nonetheless reviewed the 28 R&R and finds that it is well-taken. The Court will accept the R&R in its entirety. See 28 1|| U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. || 72(b)(3) (“The district judge may accept, reject, or modify the recommended disposition; 4|| receive further evidence; or return the matter to the magistrate judge with instructions.”). 5 IT IS ORDERED that the R&R (Doc. 86) is ACCEPTED. 6 IT IS FURTHER ORDERED Petitioner’s amended petition (Doc. 58) is DENIED 7\| and DISMISSED WITH PREJUDICE. 8 IT IS FURTHER ORDERED Petitioner’s Motion to Stay (Doc. 78) is DENIED. 9 IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed 10 || in forma pauperis on appeal are DENIED because the dismissal of the amended Petition 11 || is justified by a plain procedural bar and reasonable jurists would not find the ruling || debatable. 13 IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgment accordingly and terminate this case. 15 Dated this 23rd day of February, 2024. 16 17 18 {Z, 20 Upited States Dictric Judge 21 22 23 24 25 26 27 28

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