Ly v. Kane

Filing 16

ORDER ADOPTING 14 Report and Recommendation of the Magistrate Judge and the Petition is dismissed with prejudice. A Certificate of Appealability is DENIED. Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Chief Judge Roslyn O Silver on 4/19/11. (LSP)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Prak Ly, Petitioner, 10 11 vs. 12 Katrina Kane, 13 Respondent. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-10-01858-PHX-ROS ORDER 15 16 Magistrate Judge Aspey issued a Report and Recommendation (“R&R”) 17 recommending that this case be dismissed with prejudice as moot. No party filed an 18 objection, meaning the R&R will be adopted in full. 19 Accordingly, 20 IT IS ORDERED the Report and Recommendation (Doc. 14) is ADOPTED and the 21 22 23 24 25 26 27 28 Petition is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED a Certificate of Appealability is DENIED. Petitioner has not made a substantial showing of the denial of a constitutional right. DATED this 19th day of April, 2011.

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