Bradley v. Arizona, State of et al

Filing 31

ORDER that the 27 Report and Recommendation of the Magistrate Judge is accepted. IT IS FURTHER ORDERED the Clerk of Court enter judgment denying and dismissing petitioner's 1 Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 with prejudice and terminate this action. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied. Signed by Judge Neil V Wake on 11/16/2012. (LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Linda Theresa Bradley,
Petitioner,

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ORDER

vs.

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No. CV-11-01810-PHX-NVW

Charles L. Ryan, et al.,

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Respondents.

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Pending before the Court is the Report and Recommendation (“R&R”) of

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Magistrate Judge David K. Duncan (Doc. 27) regarding petitioner’s Petition for Writ of

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Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1). The R&R recommends that

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the Petition be denied and dismissed with prejudice. The Magistrate Judge advised the

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parties that they had fourteen days to file objections to the R&R. (R&R at 5 (citing 28

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U.S.C. § 636(b)). Petitioner’s Objection was filed November 15, 2012 (Doc. 30).

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The Court has considered the Objection and the R&R. The Court will accept the

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R&R and dismiss the Petition. See 28 U.S.C. § 636(b)(1) (stating that the district court

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“may accept, reject, or modify, in whole or in part, the findings or recommendations

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made by the magistrate”).

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IT IS THEREFORE ORDERED that Report and Recommendation of the
Magistrate Judge (Doc. 27) is accepted.

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IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying

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and dismissing petitioner’s Petition for Writ of Habeas Corpus filed pursuant to 28

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U.S.C. § 2254 (Doc. 1) with prejudice. The Clerk shall terminate this action.

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Having considered the issuance of a Certificate of Appealability from the order

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denying Petitioner’s Petition for a Writ of Habeas Corpus, the Court FINDS: Certificate

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of Appealability and leave to proceed in forma pauperis on appeal are Denied. Petitioner

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has not made a substantial showing of the denial of a constitutional right.

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Dated this 16th day of November, 2012.

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