Winston v. Ryan et al

Filing 15

ORDER - IT IS ORDERED the 14 Report and Recommendation is accepted. The petition for writ of habeas corpus (Doc. 1 ) is denied and dismissedwith prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 5/6/11. (SAT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV10-1167 PHX DGC (ECV)

Barry Lee Winston,
Petitioner,

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vs.

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ORDER

Charles L. Ryan, et al.,
Respondents.

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Petitioner Barry Lee Winston has filed a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. Doc. 1. United States Magistrate Judge Edward C. Voss

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has issued a report and recommendation (“R&R”) recommending that the petition be

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denied and dismissed with prejudice. Doc. 14. No objection has been filed, which

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relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed.

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R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-

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Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and deny the

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petition.

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IT IS ORDERED:

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1.

The R&R (Doc. 14) is accepted.

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2.

The petition for writ of habeas corpus (Doc. 1) is denied and dismissed

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with prejudice.

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3.

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A certificate of appealability and leave to proceed in forma pauperis on

appeal are denied

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4.

The Clerk is directed to terminate this action.

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Dated this 6th day of May, 2011.

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