Rodriguez v. Ryan et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION, we accept the Magistrate Judge's 16 Report and Recommendation; 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 Judge Frederick J Martone on 1/31/13. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Johnny Rodriguez,
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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 12-00490-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. 15), and the report and recommendation

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from the United States Magistrate Judge recommending that the petition be dismissed with

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prejudice (doc. 16). No objection to the report and recommendation was filed and the time

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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 31st day of January, 2013.