Elliot v. Ryan et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS 20 : IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus is denied and dismissed with prejudice. IT IS FURTHER ORDERED denying a certificate of Appealability because Petitioner has not made a substantial showing of the denial of a constitutional right as required by 28 U.S.C.A. § 2253(c)(2). IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. (See document for full details). Signed by Judge Susan R Bolton on 10/12/11. (LAD)

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NOT FOR PUBLICATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Carl Elliot, Jr.,
Petitioner,

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vs.

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Charles Ryan, et al.,
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Respondents.
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No. CV10-2326-PHX-SRB
ORDER

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Petitioner filed his Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C.
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§ 2254 on December 27, 2010 claiming Petitioner's Fifth and Fourteenth Amendment rights
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were violated by the denial of presentence incarceration credit against his Arizona sentences
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for the 14 months he spent in federal prison in Florida. (Report and Recommendation, p.4).
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Respondents filed their answer to Petitioner's Amended Petition for Writ of Habeas Corpus
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on June 15, 2011 and Petitioner filed a Reply on July 12, 2011. On August 30, 2011, the
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Magistrate Judge issued his Report and Recommendation recommending that the petition be
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denied.
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In his Report and Recommendation the Magistrate Judge advised the parties that they
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had 14 days from the date of service of a copy of the Report and Recommendation within
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which to file specific written objections with the Court.
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The time to file such objections has since expired and no objections to the Report and
Recommendation have been filed.
The Court finds itself in agreement with the Report and Recommendation of the
Magistrate Judge.
IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge
as the order of this Court (Doc. 20).
IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus is denied
and dismissed with prejudice.

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IT IS FURTHER ORDERED denying a certificate of Appealability because Petitioner

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has not made a substantial showing of the denial of a constitutional right as required by 28

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U.S.C.A. § 2253(c)(2).

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IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly.

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DATED this 12th day of October, 2011.

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