Maduena v. Ryan et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION, accepting the Magistrate Judge's 8 Report and Recommendation and denying and dismissing with prejudice the Petition for Writ of Habeas Corpus 1 ; denying a Certificate of Appealability and leave to proceed in forma pauperis on appeal because dismissal of the Habeas Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. Signed by Senior Judge Frederick J Martone on 5/21/13. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Genaro Lopez Maduena,
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Petitioner,
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vs.
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Charles L. Ryan, et al.,
Respondents.

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No. CV-12-0281-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), respondents’ response (doc. 6), and petitioner’s reply (doc. 7). We

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also have before us the report and recommendation from the United States Magistrate Judge

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recommending that the petition be dismissed as untimely (doc. 8). No objection to the report

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and recommendation was filed and the time for doing so has expired.

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Pursuant to Rule 8(b), Rules Governing § 2254 Cases, we accept the recommended

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decision of the United States Magistrate Judge. Therefore, IT IS ORDERED DENYING

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AND DISMISSING with prejudice the petition for writ of habeas corpus (doc. 1).

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IT IS FURTHER ORDERED DENYING a certificate of appealability and leave

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to proceed in forma pauperis on appeal because dismissal of the habeas petition is justified

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

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DATED this 21st day of May, 2013.