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13-059 - Tapia #161948 v. Ryan et al


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13-059 - Tapia #161948 v. Ryan et al
November 24, 2014
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REPORT AND RECOMMENDATION: the Magistrate Judge RECOMMENDS that the District Court, after its independent review, deny Tapias 1 Petition for Writ of Habeas Corpus. This Recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal should not be filed until entry of the District Courts judgment. However, the parties shall have 14 days from the date of service of a copy of this recommendation within which to file specific written objections with the District Court. Thereafter, the parties have 14 days within which to file a response to the objections. Replies shall not be filed without first obtaining leave to do so from the District Court. If any objections are filed, this action should be designated case number: CV 13-0059-TUC-RM. Failure to timely file objections to any factual or legal determination of the Magistrate Judge may be considered a waiver of a partys right to de novo consideration of the issues. (See attached PDF for complete information). Signed by Magistrate Judge Jacqueline M Rateau on 11/24/14. (BAC)
February 18, 2016
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ORDER: Magistrate Judge Rateau's Report and Recommendation (Doc. 13) is accepted and adopted. Petitioner's Objection (Doc. 19) is overruled. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is denied. This case is dismissed with prejudice. The Clerk of Court is directed to enter judgment accordingly and close this case. The Court declines to issue a certificate of appealability. Signed by Judge Rosemary Marquez on 2/17/2016. (See attached Order for complete information)(DLC)