Hernandez v. Ryan et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION. The Court accepts and adopts the Report and Recommendation 20 ; Petitioner's Petition for Writ of Habeas Corpus 1 is denied and dismissed with prejudice; denying a Certificate of Appealability. Signed by Senior Judge Paul G Rosenblatt on 6/4/12. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Tony Markus Hernandez,

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Petitioner,
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v.
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Charles L. Ryan, et al.,
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Respondents.
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____________________________

CV 11-00760-PHX-PGR (JFM)
ORDER

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The Court having reviewed de novo the Report and Recommendation of Magistrate
Judge Metcalf, and no party having filed any objection thereto,
IT IS HEREBY ORDERED that the Court accepts and adopts the Report and
Recommendation (Doc. 20).1
IT IS FURTHER ORDERED that Petitioner’s Petition for Writ of Habeas Corpus
(Doc. 1) is denied and dismissed with prejudice.

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The petition sought relief on two grounds. First, Petitioner alleged that he was
sentenced to an additional term in prison after violating the terms of a sentence of probation
that exceeded the permissible term. The Report and Recommendation finds this claim barred
by the statute of limitations and procedurally defaulted. Second, Petitioner alleged a violation
of his due process and equal protection rights based on a state court determination that he had
procedurally defaulted his claims. The Report and Recommendation finds this claim
procedurally defaulted.

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IT IS FURTHER ORDERED denying a certificate of appealability.

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DATED this 4th day of June, 2012.

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