Conway v. Ryan et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION, accepting the 17 Report and Recommendation and denying Petitioner's Petition for Writ of Habeas Corpus 1 ; denying a Certificate of Appealability because the denial of the petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable; the Clerk shall enter judgment. Signed by Judge Frederick J Martone on 3/8/12. (REW)

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NOT FOR PUBLICATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Danny Charles Conway,

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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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CV 11-01139-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) and respondents' response (doc. 16). Petitioner did not reply. We
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also have the report and recommendation of the United States Magistrate Judge
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recommending that the petition be denied (doc. 17). Petitioner did not object to the report
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and recommendation, and the time for doing so has expired. After review, 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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Accordingly, IT IS ORDERED ACCEPTING the report and recommendation (doc.
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17) and DENYING petitioner's petition for writ of habeas corpus (doc. 1). IT IS
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FURTHER ORDERED DENYING a certificate of appealability because the denial of the
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petition is justified by a plain procedural bar and jurists of reason would not find the
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procedural ruling debatable. The Clerk shall enter judgment.
DATED this 8th day of March, 2012.

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