Sanchez v. Ryan et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION 12 . That the Petition for Writ of Habeas Corpus is denied and dismissed with prejudice. That a Certificate of Appealability and leave to proceed in forma pauperis on appeal is denied because the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Directing the Clerk to enter judgment accordingly.. Signed by Judge Mary H Murguia on 6/16/10. (DMT)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Karen Sanchez, Petitioner, vs. Charles L. Ryan, et al., Respondents.

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No. CV 09-1049-PHX-MHM ORDER

Petitioner filed her Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 on May 15, 2009. On October 9, 2009, Respondents filed their response to Petitioner's Petition for Writ of Habeas Corpus. On April 15, 2010, the Magistrate Judge issued his Report and Recommendation recommending that the petition be denied and dismissed with prejudice. In his Report and Recommendation the Magistrate Judge advised the parties that they had 10 days from the date of service of a copy of the Report and Recommendation within which to file specific written objections with the Court. The time to file such objections has long since expired and no objections to the Report and Recommendation have been filed. Failure to timely file objections to any factual or legal determination of the Magistrate Judge ///

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may be considered a waiver of a party's right to de novo consideration of the issues. See United States v. Reyna-Tapia 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). After a complete and independent review of the issues presented, the Court finds itself in agreement with the Report and Recommendation of the Magistrate Judge. IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the order of this Court [doc. 12]. IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus is denied and dismissed with prejudice. IT IS FURTHER ORDERED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal is denied because the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. DATED this 16th day of June, 2010.

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