Szymanski v. Ryan et al

Filing 13

ORDER ACEPTING 12 Report and Recommendation. Accordingly, IT IS ORDERED DENYING the petition for writ of habeas corpus (Doc. 1). IT IS FURTHER ORDERED denying a certificate of appealability and leave to proceed in forma pauperis. Signed by Judge Frederick J Martone on 9/20/12. (LSP)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 David James Szymanski, Petitioner, 10 11 vs. 12 Charles L. Ryan, et al. 13 Respondents. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-11-1976-PHX-FJM ORDER 15 16 The court has before it petitioner’s petition for writ of habeas corpus pursuant to 28 17 U.S.C. § 2254 (doc. 1), respondents’ response (doc. 10), and the report and recommendation 18 by the United States Magistrate Judge (doc. 12). 19 recommendation were filed and the time for doing so has expired. No objections to the report and 20 The court accepts the recommended decision of the United States Magistrate Judge 21 within the meaning of Rule 8(b), Rules Governing § 2254 Cases. Accordingly, IT IS 22 ORDERED DENYING the petition for writ of habeas corpus (doc. 1). IT IS FURTHER 23 ORDERED denying a certificate of appealability and leave to proceed in forma pauperis. 24 25 26 27 28 DATED this 20th day of September, 2012.

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