Abramo v. Ryan et al

Filing 22

MINUTE ORDER ADOPTING REPORT AND RECOMMENDATIONS 21 . Based thereon, the petition at docket 1 is DISMISSED WITH PREJUDICE. The Clerk Of Court will please enter judgment dismissing the petition with prejudice. IT IS FURTHER ORDERED that this court wi ll not grant the Certificate of Appealability required by 28 U.S.C. § 2253(c), nor will it grant leave to proceed on appeal in forma pauperis, because dismissal of the petition is clearly warranted by a plain procedural bar, and jurists of reason would not find the procedural bar debatable. If petitioner desires to take an appeal, he must request a Certificate of Appealabilty from the Court of Appeals. See Fed. R. App. P. 22(b)(1). (LAD)

MINUTES OF THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Louis Michael Abramo v. Charles L. Ryan, et al
THE HONORABLE JOHN W. SEDWICK
PROCEEDINGS:

ORDER FROM CHAMBERS

2:10-cv-00006 JWS
July 12, 2011

At docket 1, Louis Michael Abramo (“petitioner”) sought a writ of habeas corpus
pursuant to 28 U.S.C. § 2254. The matter was briefed. Thereafter, in a report at
docker 21, Magistrate Judge Jay Irwin recommended that the petition be dismissed with
prejudice as untimely. The time for objections has run, and none have been filed.
This court may “accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). When reviewing a
magistrate judge’s recommendations in a case such as this one, this court conducts de
novo review of all recommended conclusions of law, and any recommended findings of
fact to which objections have been taken. Recommended findings of fact as to which
no objection has been taken are reviewed for clear error.
Having applied the preceding standard of review, this court concludes that
Magistrate Judge Irwin’s recommended findings of fact and conclusions of law are
correct in all material respects. Accordingly, this court adopts the recommendations at
docket 21. Based thereon, the petition at docket 1 is DISMISSED WITH PREJUDICE.
The Clerk Of Court will please enter judgment dismissing the petition with prejudice.
IT IS FURTHER ORDERED that this court will not grant the Certificate of
Appealability required by 28 U.S.C. § 2253(c), nor will it grant leave to proceed on
appeal in forma pauperis, because dismissal of the petition is clearly warranted by a
plain procedural bar, and jurists of reason would not find the procedural bar debatable.
If petitioner desires to take an appeal, he must request a Certificate of Appealabilty from
the Court of Appeals. See Fed. R. App. P. 22(b)(1).
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