Varvel v. Ryan et al

Filing 17

ORDER accepting 14 Report and Recommendation of the United States Magistrate Judge. Therefore, IT IS ORDERED DENYING 6 the amended petition for writ of habeas corpus. Because dismissal of the petition is justified by a procedural bar and jurists of reason would not find the ruling debatable, IT IS FURTHER ORDERED DENYING a certificate of appealability and leave to proceed in forma pauperis on appeal. Signed by Judge Frederick J Martone on 11/18/11. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Petitioner,
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vs.
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Charles L. Ryan; Attorney General of the)
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State of Arizona,
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Respondents.
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Larry Eugene Varvel,

No. CV-11-0278-PHX-FJM
ORDER

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The court has before it petitioner’s amended petition for writ of habeas corpus
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pursuant to 28 U.S.C. § 2254 (doc. 6), respondents’ response (doc. 13), and the Report and
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Recommendation of the United States Magistrate Judge (doc. 14). No objections to the
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Report and Recommendation were filed and the time for doing so has expired.
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The Magistrate Judge concluded that petitioner failed to properly exhaust his claims
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in state court, the claims were procedurally defaulted, and no showing of a miscarriage of
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justice or cause and actual prejudice were presented. Accordingly, the Magistrate Judge
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recommended denying the petition with prejudice.
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Pursuant to Rule 8(b), Rules Governing § 2254 Cases, we accept the recommended
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decision of the United States Magistrate Judge. Therefore, IT IS ORDERED DENYING
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the amended petition for writ of habeas corpus (doc. 6).
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Because dismissal of the petition is justified by a procedural bar and jurists of reason

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would not find the ruling debatable, IT IS FURTHER ORDERED DENYING a certificate

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of appealability and leave to proceed in forma pauperis on appeal.

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DATED this 18th day of November, 2011.

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