Torres v. Ryan et al

Filing 18

ORDER ACCEPTING REPORT AND RECOMMENDATION 16 . ORDER that the Clerk of the Court enter judgment denying and dismissing petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28:2254 1 with prejudice. The Clerk shall terminate this action. 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. Signed by Judge Neil V Wake on 8/29/11. (TLJ)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Ramiro Gomez Torres, Petitioner, 10 11 v. 12 Charles Ryan, et al., 13 Respondents. 14 ) ) ) ) ) ) ) ) ) ) ) No. CV-10-02205-PHX-NVW ORDER 15 16 Pending before the court is the Report and Recommendation (“R&R”) of Magistrate 17 Judge Duncan (Doc. 16) regarding petitioner’s Petition for Writ of Habeas Corpus filed 18 pursuant to 28 U.S.C. § 2254 (Doc. 1). The R&R recommends that the Petition be denied 19 and dismissed with prejudice. The Magistrate Judge advised the parties that they had 20 fourteen days to file objections to the R&R. (R&R at 8 (citing 28 U.S.C. § 636(b)(1)). 21 Petitioner filed objections on August 22, 2011. (Doc. 17.) 22 The Court has considered the objections and reviewed the Report and 23 Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that the 24 court must make a de novo determination of those portions of the Report and 25 Recommendation to which specific objections are made). The Court agrees with the 26 Magistrate Judge’s determinations, accepts the recommended decision within the meaning 27 of Rule 72(b), Fed. R. Civ. P., and overrules Petitioner’s objections. See 28 U.S.C. § 28 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in part, 1 2 3 the findings or recommendations made by the magistrate”). IT IS THEREFORE ORDERED that Report and Recommendation of the Magistrate Judge (Doc. 16) is accepted. 4 IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying and 5 dismissing petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 6 (Doc. 1) with prejudice. The Clerk shall terminate this action. 7 Having considered the issuance of a Certificate of Appealability from the order 8 denying Petitioner’s Petition for a Writ of Habeas Corpus, the Court FINDS: Certificate of 9 Appealability and leave to proceed in forma pauperis on appeal are Denied. Petitioner has 10 11 not made a substantial showing of the denial of a constitutional right. DATED this 29th day of August, 2011. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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