Rodriguez v. Ryan et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Charles L. Ryan, et al.,
No. CV 12-00490-PHX-FJM
The court has before it petitioner’s petition for writ of habeas corpus pursuant to 28
U.S.C. § 2254 (doc. 1), respondents’ response (doc. 15), and the report and recommendation
from the United States Magistrate Judge recommending that the petition be dismissed with
prejudice (doc. 16). No objection to the report and recommendation was filed and the time
for doing so has expired.
Pursuant to Rule 8(b), Rules Governing § 2254 Cases, we accept the recommended
decision of the United States Magistrate Judge. Therefore, IT IS ORDERED DENYING
AND DISMISSING with prejudice 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 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.
DATED this 31st day of January, 2013.
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