Simpson # 209413 v. Ryan et al

Filing 16

ORDER that the 14 Report and Recommendation is accepted. ORDERED that the Clerk of the Court enter judgment denying Petitioner's 1 Petition for Writ of Habeas Corpus 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 6/19/2013. (LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Kelvin Thomas Simpson,
Petitioner,

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v.

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No. CV-12-00357-PHX-NVW
ORDER AND DENIAL OF
CERTIFICATE OF APPEALABILITY
AND IN FORMA PAUPERIS STATUS

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 Lawrence O. Anderson (Doc. 14) regarding petitioner’s Petition for

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Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1).

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recommends that the Petition be denied. The Magistrate Judge advised the parties that

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they had fourteen days to file objections to the R&R. (R&R at P. 11 Ln. 12 (citing 28

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U.S.C. § 636(b)). Petitioner filed objections on June 18, 2013 (Doc. 15).

The R&R

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The court has considered the objections and reviewed the Report and

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Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that

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the court must make a de novo determination of those portions of the Report and

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Recommendation to which specific objections are made). The court agrees with the

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Magistrate Judge’s determinations, accepts the recommended decision within the

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meaning of Rule 72(b), Fed. R. Civ. P., and overrules Petitioner’s objections. See 28

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U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole

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or in part, the findings or recommendations made by the magistrate”).

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IT IS THEREFORE ORDERED that Report and Recommendation of the
Magistrate Judge (Doc. 14) is accepted.

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

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petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc.

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1). 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, a Certificate of Appealability

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and leave to proceed in forma pauperis on appeal are denied because denial of the

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Petition is justified by a plain procedural bar and because jurists of reason would not find

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the procedural ruling debatable.
Dated this 19th day of June, 2013.

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