Wilson v. Ryan et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION. The 16 Report and Recommendation of the Magistrate Judge is accepted; the Clerk shall enter judgment denying and dismissing Petitioner's 1 Petition for Writ of Habeas Corpus with prejudice; the Clerk shall terminate this action; the Certificate of Appealability and leave to proceed in forma pauperis on appeal are Denied; Petitioner has not made a substantial showing of the denial of a constitutional right; denying Petitioner's 18 Motion for Certificate of Appealability. Signed by Judge Neil V Wake on 8/13/10. (REW)

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 v. Charles L. Ryan, el al., Respondents. Bruce Alan Wilson, Petitioner, ) ) ) ) ) ) ) ) ) ) ) No. CV 09-2440-PHX-NVW
and DENIAL OF CERTIFICATE APPEALABILITY

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

ORDER

OF

Pending before the court is the Report and Recommendation ("R&R") of Magistrate Judge Duncan (Doc. 16) regarding petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. # 1). The R&R recommends that the Petition be denied and dismissed with prejudice. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R. (R&R at 6 (citing 28 U.S.C. § 636(b)). Petitioner filed objections on August 6, 2010. (Doc. 18.) The court has considered the objections and reviewed the Report and Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that the court must make a de novo determination of those portions of the Report and Recommendation to which specific objections are made). The court agrees with the Magistrate Judge's determinations, accepts the recommended decision within the meaning of Rule 72(b), Fed. R. Civ. P., and overrules Petitioner's objections. See 28 U.S.C. § 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate").

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IT IS THEREFORE ORDERED that Report and Recommendation of the Magistrate Judge (Doc. #16) is accepted. IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying and dismissing petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. # 1) with prejudice. The Clerk shall terminate this action. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus and Petitioner's Motion for Certificate of Appealability (Doc. 18), the Court FINDS: Certificate of Appealability and leave to proceed in forma pauperis on appeal are Denied. Petitioner has not made a substantial showing of the denial of a constitutional right. Petitioner's Motion for Certificate of Appealability (Doc. 18) is denied. DATED this 13th day of August, 2010.

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