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Loff v. Ryan

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Feb 11, 2020
No. CV-18-08180-PCT-DLR (D. Ariz. Feb. 11, 2020)

Opinion

No. CV-18-08180-PCT-DLR

02-11-2020

Darrick Michael Loff, Petitioner, v. Charles L Ryan, et al., Respondents.


ORDER

Before the Court is United States Magistrate Judge Michelle H. Burns' Report and Recommendation ("R&R") (Doc. 22), which recommends that Petitioner's Amended Petition for Writ of Habeas Corpus be denied and dismissed with prejudice and that a Certificate of Appealability and leave to proceed in forma pauperis be denied. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Neither party filed objections, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) ("[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of an objection."); Fed. R. Civ. P. 72(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to."). "Unless this court has definite and firm conviction that the [Magistrate Judge] committed a clear error of judgment, [this court] will not disturb [the] decision." Jackson v. Bank of Hawaii, 902 F.2d 1385, 1387 (9th Cir. 1990) (citation omitted).

The Court has nonetheless independently reviewed the R&R and finds that it is well-taken. The Court therefore will accept the R&R in its entirety. See 28 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; receive further evidence; or return the matter to the magistrate judge with instructions.").

IT IS ORDERED that Magistrate Judge Burns' R&R (Doc. 22) is ACCEPTED. Petitioner's Writ of Habeas Corpus is denied and the case is dismissed.

IT IS FURTHER ORDERED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal is denied.

IT IS FURTHER ORDERED that the Clerk of Court is directed to enter judgment and terminate the case.

Dated this 11th day of February, 2020.

/s/_________

Douglas L. Rayes

United States District Judge


Summaries of

Loff v. Ryan

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Feb 11, 2020
No. CV-18-08180-PCT-DLR (D. Ariz. Feb. 11, 2020)
Case details for

Loff v. Ryan

Case Details

Full title:Darrick Michael Loff, Petitioner, v. Charles L Ryan, et al., Respondents.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Date published: Feb 11, 2020

Citations

No. CV-18-08180-PCT-DLR (D. Ariz. Feb. 11, 2020)