Davis v. Ryan et al
Filing
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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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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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Cleopheus Davis,
CV 11-00715-PHX-FJM
ORDER
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The court has before it petitioner's petition for writ of habeas corpus pursuant to 28
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U.S.C. § 2254 (doc. 1), respondents' response (doc. 13), and petitioner's reply (doc. 15). We
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also have before us the magistrate judge's report and recommendation recommending that
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the petition be denied (doc. 17). We granted petitioner's request for an extension of time to
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respond (doc. 19).
However, petitioner did not file objections to the report and
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recommendation, and the time for doing so has expired. Accordingly, we accept the
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recommendation of the United States Magistrate Judge pursuant to Rule 8(b), Rules
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Governing § 2254 Cases. See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th
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Cir. 2003).
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IT IS ORDERED ACCEPTING the report and recommendation (doc. 17) and
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DENYING petitioner's petition for writ of habeas corpus (doc. 1). IT IS FURTHER
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ORDERED DENYING a certificate of appealability because petitioner has not made a
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substantial showing of the denial of a constitutional right. The Clerk shall enter judgment.
DATED this 20th day of June, 2012.
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