Ortega v. Ryan et al

Filing 27

ORDER From Chambers ADOPTING REPORT AND RECOMMENDATION 25 . The petition is DENIED and dismissed with prejudice. IT IS FURTHER ORDERED that this court will not grant the Certificate of Appealability required by 28 U.S.C. § 2253(c), nor will it grant leave to proceed on appeal in forma pauperis, because dismissal of the petition is clearly warranted by a plain procedural bar, and jurists of reason would not find the procedural bar debatable. If petitioner desires to take an appeal he must request a Certificate of Appealabilty from the Court of Appeals. (DMT)

MINUTES OF THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Ernie Pete Ortega v. Charles L. Ryan, et al
THE HONORABLE JOHN W. SEDWICK

PROCEEDINGS:

ORDER FROM CHAMBERS

2:11-cv-00359 JWS (MHB)

March 12, 2012

Pursuant to 28 U.S.C. § 2254, Ernie Pete Ortega (“petitioner”) seeks a writ of
habeas corpus. After briefing, Magistrate Judge Michelle H. Burns, to whom the matter
had been referred, recommended that the petition be denied and dismissed with
prejudice in her report at docket 25. Petitioner filed objections at docket 26.
Respondents did not reply to the objections.
This court may “accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). When reviewing a
magistrate judge’s recommendations in cases of this type, the district judge reviews all
recommended conclusions of law, and any recommended findings of fact to which
objections have been taken de novo. Recommended findings of fact as to which no
objection has been taken are reviewed for clear error.
Having applied the standards of review articulated in the preceding paragraph,
this court finds that the recommended findings of fact and conclusions of law are correct
in all material respects. There is nothing in petitioner’s objections not adequately
covered in the report from Magistrate Judge Burns. This court adopts the
recommendations from the magistrate judge. Based thereon, the petition is DENIED
and dismissed with prejudice.
IT IS FURTHER ORDERED that this court will not grant the Certificate of
Appealability required by 28 U.S.C. § 2253(c), nor will it grant leave to proceed on
appeal in forma pauperis, because dismissal of the petition is clearly warranted by a
plain procedural bar, and jurists of reason would not find the procedural bar debatable.
If petitioner desires to take an appeal he must request a Certificate of Appealabilty from
the Court of Appeals. See Fed. R. App. P. 22(b)(1).
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