Gentry v. White et al

Filing 14

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATIONS 13 . FURTHER ORDERED that petitioner's petition for writ of habeas corpus 1 is denied and dismissed with prejudice. Signed by Judge Paul G Rosenblatt on 12/10/2008. (LAD)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Mitchell Gentry, Petitioner, v. Deputy Warden White, et al., Respondents. ) ) ) ) ) ) ) ) ) CV 06-2040-PHX-PGR (CRP) ORDER The Court having reviewed de novo the Report and Recommendation of Magistrate Judge Pyle and no party having filed any objection to the Report and Recommendation, IT IS HEREBY ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 13) is ACCEPTED and ADOPTED by the Court.1 IT IS FURTHER ORDERED that petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DENIED and DISMISSED with prejudice. DATED this 10th day of December, 2008. The Magistrate Judge found that the Habeas Petition should be denied because (1) it was time barred and (2) contrary to the assertion of Petitioner, Blakeley v. Washington, 542 U.S. 296 (2004) does not apply retroactively to his case. 1

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