Robaina v. Attorney General of the State of Arizona

Filing 15

ORDER ADOPTING 14 Magistrate Judge's Report and Recommendation, Petitioner's First Amended Petition for Writ of Habeas Corpus (Doc. 5 ) is DENIED and DISMISSED with prejudice. IT IS FURTHER ORDERED that a Certificate of Appealability a nd leave to proceed in forma pauperis on appeal are DENIED because the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Senior Judge Paul G Rosenblatt on 5/14/13. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Roman Robaina,
Petitioner,
v.
Charles L. Ryan, et al.,

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Respondents.

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No. 11-CV-2168-PHX-PGR (MHB)

ORDER

The Court having reviewed de novo the Report and Recommendation of Magistrate
Judge Burns, and no party having filed an objection,
IT IS HEREBY ORDERED that the Magistrate Judge’s Report and
Recommendation (Doc. 14) is ACCEPTED and ADOPTED by the Court.1
IT IS FURTHER ORDERED that Petitioner’s First Amended Petition for Writ of
Habeas Corpus (Doc. 5) is DENIED and DISMISSED with prejudice.

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IT IS FURTHER ORDERED that a Certificate of Appealability and leave to

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proceed in forma pauperis on appeal are DENIED because the dismissal of the Petition is

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justified by a plain procedural bar and jurists of reason would not find the procedural ruling

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debatable.

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In her Report and Recommendation. Magistrate Judge Burns correctly determined
that Petitioner’s habeas petition is untimely and, alternatively, that his claims are
procedurally defaulted. (Doc. 14.)
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DATED this 14th day of May, 2013.

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