Hatcher v. Schriro et al, No. 2:2007cv01958 - Document 20 (D. Ariz. 2009)

Court Description: ORDER and MEMORANDUM OF DECISION ADOPTING REPORT AND RECOMMENDATION 19 . Petitioner's Petition for Writ of Habeas Corpus 1 is DENIED and dismissed with prejudice, terminating this case. Signed by Judge Stephen M McNamee on 11/9/09. (DMT, )
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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 MICHAEL ANTHONY HATCHER, 9 Petitioner, 10 vs. 11 DORA SCHRIRO, et.al., 12 Respondent, 13 ) ) ) ) ) ) ) ) ) ) No. CV 07-1958-PHX-SMM (JM) MEMORANDUM OF DECISION AND ORDER 14 Pending before the Court is Petitioner s Petition for Writ of Habeas Corpus filed 15 under 28 U.S.C. 2254 (Doc. 1). The matter was referred to Magistrate Judge Jacqueline 16 Marshall for Report and Recommendation (Doc. 2). On October 8, 2009 the Magistrate 17 Judge filed a Report and Recommendation with this Court (Doc. 19). To date, no objections 18 have been filed. 19 STANDARD OF REVIEW 20 The Court may accept, reject, or modify, in whole or in part, the findings or 21 recommendations made by the magistrate. 28 U.S.C. § 636(b)(1)(C); see Baxter v. Sullivan, 22 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have ten days from the service of a copy of the 23 Magistrate's recommendation within which to file specific written objections to the Court. 24 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a Magistrate Judge s 25 recommendation relieves the Court of conducting de novo review of the Magistrate Judge s 26 factual findings and waives all objections to those findings on appeal. See Turner v. Duncan, 27 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a Magistrate Judge s conclusion is 28 1 a factor to be weighed in considering the propriety of finding waiver of an issue on appeal. 2 Id. DISCUSSION 3 4 Having reviewed the Report and Recommendation of the Magistrate Judge, and no 5 Objections having been made by any party thereto, the Court hereby incorporates and adopts 6 the Magistrate Judge s Report and Recommendation. 7 CONCLUSION 8 For the reasons set forth, 9 IT IS ORDERED that the Court ADOPTS the Report and Recommendation of the 10 11 12 13 Magistrate Judge (Doc. 19). IT IS FURTHER ORDERED that Petitioner s Petition for Writ of Habeas Corpus (Doc. 1) is DENIED and dismissed with prejudice, terminating this case. DATED this 9th day of November, 2009. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-
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