Dean # 246421 v. Ryan et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS 87 . The petition for writ of habeas corpus (Doc. 1) is denied with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 1/22/13. (LAD)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
David Anthony Dean,
No. CV12-534 PHX DGC (MHB)
Charles L. Ryan, et al.,
Petitioner David Anthony Dean has filed a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. Doc. 1. United States Magistrate Judge James F. Metcalf
has issued a report and recommendation (“R&R”) recommending that the petition be
denied with prejudice. Doc. 87. In response, Petitioner filed a motion to dismiss this
matter “with or without prejudice.” Doc. 89 at 1. The Court will accept the R&R, deny
the petition with prejudice, and grant Petitioner’s motion to dismiss (Doc. 89).
IT IS ORDERED:
The R&R (Doc. 87) is accepted.
The petition for writ of habeas corpus (Doc. 1) is denied with prejudice.
A certificate of appealability and leave to proceed in forma pauperis on
appeal are denied
Dated this 22nd day of January, 2013.
The Clerk is directed to terminate this action.
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