Falater v. Schriro et al.

Filing 19

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 15 . ORDER that Petitioner's Petition for Writ of Habeas Corpus 1 is dismissed and denied with prejudice. ORDER that the Clerk of the Court shall close this case. Signed by Judge Paul G Rosenblatt on 12/2/08. (TLJ)

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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 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Scott Falater, Petitioner, v. Dora B. Schriro, et al., Respondents. ) ) ) ) ) ) ) ) ) CV 07-0262-PHX-PGR (ECV) ORDER NON-DEATH PENALTY Currently before the Court is the Report and Recommendation of Magistrate Judge Voss (Doc. 15) based on Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. 2254.1 Having reviewed de novo the Petition, the Report and Recommendation2 of Magistrate Judge Voss, and the Petitioner's objections3 thereto, and in light of the Court's finding that the Petitioner's objections do not have any merit, IT IS HEREBY ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 15) is ACCEPTED and ADOPTED by the Court. IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus 1 23 2 Petitioner challenges his state court conviction of first degree murder. (Doc. 1.) 24 25 26 27 28 The Court agrees with the Magistrate's finding that this Court may not consider on habeas review Petitioner's claim that the trial court violated his right to due process by refusing to set an evidentiary hearing or permit further sleep testing. See Villafuerte v. Stewart, 111 F.3d 616, 632 (9th Cir. 1997); Franzen v. Brinkman, 877 F.2d 26 (9th Cir. 1989). Counsel is advised to review the Local Rules as they pertain to font size, which equally applies to footnotes. Future filings will be stricken for failure to comply with Local Rules. 3 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 (Doc. 1) is DISMISSED and DENIED with prejudice. IT IS FURTHER ORDERED that the Clerk of the Court shall close this case. DATED this 2nd day of December, 2008. 2

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