Michael Lynn Hill v. Ryan Thornell, et al.

Summary

The United States District Court for the District of Arizona adopted the Magistrate Judge’s Report and Recommendation and dismissed Michael Lynn Hill’s amended habeas corpus petition with prejudice as untimely. The court also denied a certificate of appealability and leave to proceed in forma pauperis if Hill appeals.

Holdings

1. Because neither party objected to the Report and Recommendation, the District Court was not required to conduct de novo review and accepted the Report and Recommendation.
2. The Court accepted the Magistrate Judge's recommendation and dismissed the Amended Petition for Writ of Habeas Corpus with prejudice as untimely.
3. The Court denied issuance of a certificate of appealability and leave to proceed in forma pauperis because the dismissal rested on a plain procedural bar and reasonable jurists would not find the procedural ruling debatable.

Questions Presented

1. Whether the District Court should accept the Magistrate Judge's Report and Recommendation when neither party filed objections.
2. Whether the Amended Petition for Writ of Habeas Corpus should be dismissed with prejudice as untimely.
3. Whether to issue a certificate of appealability or grant leave to proceed in forma pauperis after dismissal on a plain procedural bar.

Disposition

dismissed