Noriega v. Ryan et al

Filing 19

*ORDER ADOPTING REPORT AND RECOMMENDATION 17 ; and ruling on Certificate of Appealability and In Forma Pauperis Status. That the Clerk of the Court enter judgment denying and dismissing petitioner's Petition for Writ of Habeas Corpus filed pu rsuant to 28 U.S.C. § 2254 (Doc. 1) with prejudice. The Clerk shall terminate this action. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus, the Court FINDS: Certificate of Appealability and leave to proceed in forma pauperis on appeal are Denied. Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Judge Neil V Wake on 8/3/12. (DMT) Modified to add text on 8/6/2012 (DMT).

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Edward Eulalio Noriega, Petitioner, 10 11 vs. 12 Charles L. Ryan, et al., 13 No. CV 11-01619-PHX-NVW ORDER AND CERTIFICATE OF APPEALABILITY AND IN FORMA PAUPERIS STATUS Respondents. 14 Pending before the court is the Report and Recommendation (“R&R”) of 15 Magistrate Judge Steven P. Logan (Doc. 17) regarding petitioner’s Petition for Writ of 16 Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1). The R&R recommends that 17 the Petition be denied and dismissed with prejudice. The Magistrate Judge advised the 18 parties that they had fourteen days to file objections to the R&R. (R&R at 11 (citing 28 19 U.S.C. § 636(b)). Petitioner filed objections on August 2, 2012 (Doc. 18). 20 The court has considered the objections and reviewed the Report and 21 Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that 22 the court must make a de novo determination of those portions of the Report and 23 Recommendation to which specific objections are made). The court agrees with the 24 Magistrate Judge’s determinations, accepts the recommended decision within the 25 meaning of Rule 72(b), Fed. R. Civ. P., and overrules Petitioner’s objections. See 28 26 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole 27 or in part, the findings or recommendations made by the magistrate”). 28 1 2 IT IS THEREFORE ORDERED that Report and Recommendation of the Magistrate Judge (Doc. 17) is accepted. 3 IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying 4 and dismissing petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. 5 § 2254 (Doc. 1) with prejudice. The Clerk shall terminate this action. 6 Having considered the issuance of a Certificate of Appealability from the order 7 denying Petitioner’s Petition for a Writ of Habeas Corpus, the Court FINDS: Certificate 8 of Appealability and leave to proceed in forma pauperis on appeal are Denied. Petitioner 9 has not made a substantial showing of the denial of a constitutional right. 10 Dated this 3rd day of August, 2012. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2 

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