McCormack v. Thornell

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Petitioner Adam McCormack has filed an Amended Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2254 (Doc. 7). The Honorable Michael T. Morrissey,
United States Magistrate Judge, issued a Report and Recommendation (“R&R”) (Doc. 13),
recommending that the Court deny the Petition. Judge Morrissey advised the parties that
they had fourteen (14) days to file objections to the R&R and that failure to file timely
objections could be considered a waiver of the right to obtain review of the R&R. (Doc. 13
at 8) (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia,
328 F.3d 1114, 1121 (9th Cir. 2003)).
The parties did not file objections, which relieves the Court of its obligation to
review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149
(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is
not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must
determine de novo any part of the magistrate judge’s disposition that has been properly
objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-taken.
Adam McCormack,
Petitioner,
vs.
Ryan Thornell, et al.,
Respondents.
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No. CV-25-08027-PCT-SPL
ORDER
Case 3:25-cv-08027-SPL Document 14 Filed 12/16/25 Page 1 of 2

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The Court will adopt the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1) (stating
that the district court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge
may accept, reject, or modify the recommended disposition; receive further evidence; or
return the matter to the magistrate judge with instructions.”). Accordingly,
IT IS ORDERED:
1. That Magistrate Judge Michael T. Morrissey’s Report and Recommendation
(Doc. 13) is accepted and adopted by the Court;
2. That the Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C.
§ 2254 (Doc. 7; see also Doc. 2) is denied and dismissed with prejudice;
3. That a certificate of appealability and leave to proceed in forma pauperis on
appeal are denied; and
4. That the Clerk of Court shall terminate this action.
Dated this 15th day of December, 2025.
Honorable Steven P. Logan
United States District Judge
Case 3:25-cv-08027-SPL Document 14 Filed 12/16/25 Page 2 of 2