Leonard v. Schriro et al

Filing 13

ORDER ADOPTING AND ACCEPTING REPORT AND RECOMMENDATION 12 of the Magistrate Judge. The Petitioner's Petition for Writ of Habeas Corpus, 1 , is DISMISSED without prejudice. IT IS FURTHER ORDERED DENYING a Certificate of Appealability and leave to proceed in forma pauperis on appeal because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Judge Paul G Rosenblatt on 4/6/10. (LSP)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Anthony Leonard, v. Petitioner,

Charles L. Ryan, et al., Respondents.

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CV 08-2388-PHX-PGR (DKD) ORDER

The Court having reviewed de novo the Report and Recommendation (Doc. 12) of Magistrate Judge Duncan 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. 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 without prejudice.1 /// /// /// ///

Because Leonard's post-conviction proceedings are still pending in Maricopa County Superior Court, his habeas petition is premature.
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IT IS FURTHER ORDERED DENYING a Certificate of Appealability and leave to proceed in forma pauperis on appeal because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. DATED this 6th day of April, 2010.

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