Herzog v. Schriro et al

Filing 25

ORDER that the Magistrate Judge's Report and Recommendation 24 is accepted and adopted by the Court. ORDER that the petitioner's Petition Under 28:2254 for a Writ of Habeas Corpus is denied and that this action is dismissed with prejudice. The Clerk of the Court shall enter judgment accordingly. ORDER that no certificate of appealability shall issue. Signed by Judge Paul G Rosenblatt on 7/14/10. (TLJ)

Herzog v. Schriro et al

Doc. 25

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Randy Wayne Herzog, Petitioner, vs. Charles L. Ryan, et al., Respondents.

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No. CV-08-1801-PHX-PGR (DKD)

ORDER

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Having reviewed de novo the Report and Recommendation of Magistrate Judge Duncan notwithstanding that no party has filed any objections to the Report and Recommendation, the Court finds that the Magistrate Judge correctly concluded that all of the petitioner's claims set forth in his habeas corpus petition, filed pursuant to 28 U.S.C. § 2254, should be denied as legally meritless. Therefore, IT IS ORDERED that the Magistrate Judge's Report and Recommendation (doc. 24) is accepted and adopted by the Court. IT IS FURTHER ORDERED that the petitioner's Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody is denied and that this action is dismissed with prejudice. The Clerk of the Court shall enter

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judgment accordingly. IT IS FURTHER ORDERED that no certificate of appealability shall issue. DATED this 14th day of July, 2010.

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