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Mondragon v. Smith

United States District Court, Ninth Circuit

July 29, 2013

Waldy J. Mondragon, Petitioner,
v.
Dennis R. Smith, Respondent.

ORDER

ROSLYN O. SILVER, Chief District Judge.

On June 25, 2013, Magistrate Judge James F. Metcalf issued a Report and Recommendation ("R&R") recommending the petition for writ of habeas corpus be denied. (Doc. 15). No objections were filed.[1]

A district judge "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. ยง 636(b). Where any party has filed timely objections to the magistrate judge's report and recommendations, the district court's review of the part objected to is to be de novo. Id. If, however, no objections are filed, the district court need not conduct such a review. Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003). No objections having been filed, the R&R will be adopted in full.

Accordingly,

IT IS ORDERED the Report and Recommendation (Doc. 15) is ADOPTED. The petition for a writ of habeas corpus is DENIED. No ruling on a certificate of appealability is required. The Clerk shall enter judgment accordingly.


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