Dean # 246421 v. Ryan et al

Filing 90

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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David Anthony Dean,
Petitioner,

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ORDER

vs.

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No. CV12-534 PHX DGC (MHB)

Charles L. Ryan, et al.,
Respondents.

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Petitioner David Anthony Dean has filed a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. Doc. 1. United States Magistrate Judge James F. Metcalf

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has issued a report and recommendation (“R&R”) recommending that the petition be

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denied with prejudice. Doc. 87. In response, Petitioner filed a motion to dismiss this

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matter “with or without prejudice.” Doc. 89 at 1. The Court will accept the R&R, deny

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the petition with prejudice, and grant Petitioner’s motion to dismiss (Doc. 89).

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IT IS ORDERED:

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1.

The R&R (Doc. 87) is accepted.

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2.

The petition for writ of habeas corpus (Doc. 1) is denied with prejudice.

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3.

A certificate of appealability and leave to proceed in forma pauperis on

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appeal are denied

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4.

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Dated this 22nd day of January, 2013.

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The Clerk is directed to terminate this action.