Steel v. Schriro et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION 14 . That Petitioner's Petition for Writ of Habeas Corpus 1 is DISMISSED and DENIED with prejudice. That the Clerk of the Court shall close this case. Signed by Judge Paul G Rosenblatt on 6/9/09. (DMT, )

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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 ) ) Petitioner, ) ) v. ) ) Charles L. Ryan1, et al., ) ) Respondents. ) ____________________________) Michael Steel, CV 08-1030-PHX-PGR (DKD) ORDER 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. 2254.2 Having reviewed de novo the Petition, the Report and Recommendation3 of Magistrate Judge Duncan, and the Petitioner's objections thereto, and in light of the Court's finding that the Petitioner's objections do not have any merit, Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Charles L. Ryan, the Interim Director of the Arizona Department of Corrections, replaces Dora Schriro. 1 Petitioner challenges his state court conviction for Possession of Narcotic Drug for Sale, with a prior felony conviction, and the trial court's imposition of a 9.25 year term of imprisonment. (Doc. 1.) 2 Magistrate Judge Duncan concluded that the state court was correct in its finding that Petitioner's "of-right" application for post-conviction relief was untimely and that he was not entitled to tolling, as a matter of law. This Court agrees. 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 IT IS HEREBY ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 14) is ACCEPTED and ADOPTED by the Court. IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED and DENIED with prejudice. IT IS FURTHER ORDERED that the Clerk of the Court shall close this case. DATED this 9th day of June, 2009. 2

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