Davis v. Ryan et al

Filing 20

ORDER ACCEPTING 17 Report and Recommendation and DENYING petitioner's petition for writ of habeas corpus (doc. 1). IT IS FURTHER ORDERED DENYING a certificate of appealability because petitioner has not made a substantial showing of the denial of a constitutional right. The Clerk shall enter judgment. Signed by Judge Frederick J Martone on 6/20/12. (LSP)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 ) ) ) Petitioner, ) ) vs. ) ) Charles L. Ryan; Attorney General of the) ) State of Arizona, ) ) Respondents. ) ) Cleopheus Davis, CV 11-00715-PHX-FJM ORDER 16 The court has before it petitioner's petition for writ of habeas corpus pursuant to 28 17 U.S.C. § 2254 (doc. 1), respondents' response (doc. 13), and petitioner's reply (doc. 15). We 18 also have before us the magistrate judge's report and recommendation recommending that 19 the petition be denied (doc. 17). We granted petitioner's request for an extension of time to 20 respond (doc. 19). However, petitioner did not file objections to the report and 21 recommendation, and the time for doing so has expired. Accordingly, we accept the 22 recommendation of the United States Magistrate Judge pursuant to Rule 8(b), Rules 23 Governing § 2254 Cases. See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th 24 Cir. 2003). 25 IT IS ORDERED ACCEPTING the report and recommendation (doc. 17) and 26 DENYING petitioner's petition for writ of habeas corpus (doc. 1). IT IS FURTHER 27 ORDERED DENYING a certificate of appealability because petitioner has not made a 28 1 2 substantial showing of the denial of a constitutional right. The Clerk shall enter judgment. DATED this 20th day of June, 2012. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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