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Montgomery v. Ryan

United States District Court, Ninth Circuit

November 20, 2013

James Thurmond Montgomery, Petitioner,
v.
Charles L. Ryan, et al., Respondents.

ORDER

ROSLYN O. SILVER, Senior District Judge.

On October 8, 2013, Magistrate Judge James F. Metcalf issued a Report and Recommendation ("R&R") recommending the petition for writ of habeas corpus be denied. (Doc. 46). No objections were filed.

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. 46) is ADOPTED. The petition for a writ of habeas corpus is DENIED. The Clerk shall enter judgment accordingly.

IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because the dismissal of the petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable.


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