McNeese v. Ryan et al
Filing
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ORDER We accept the Magistrate Judge's recommendation 18 . Accordingly, IT IS ORDERED DENYING the petition for writ of habeas corpus. Because petitioner has not made a substantial showing of the denial of a constitutional right and because the dismissal of the petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable, IT IS FURTHER ORDERED DENYING a certificate of appealability and leave to proceed in forma pauperis on appeal. Signed by Judge Frederick J Martone on 1/7/2013. (KMG)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Petitioner,
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vs.
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Charles Ryan, Arizona Attorney General,)
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Respondent.
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Blaine Kyle McNeese,
No. CV 12-00962-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), and the Report and Recommendation of the United States Magistrate
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Judge (doc. 18). No objections to the Report and Recommendation were filed, and the time
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for filing objections pursuant to Rule 8(b), Rules Governing § 2254 Cases, has expired.
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We accept the Magistrate Judge's recommendation. Accordingly, IT IS ORDERED
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DENYING the petition for writ of habeas corpus.
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Because petitioner has not made a substantial showing of the denial of a constitutional
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right and because the dismissal of the petition is justified by a plain procedural bar and jurists
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of reason would not find the procedural ruling debatable, IT IS FURTHER ORDERED
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DENYING a certificate of appealability and leave to proceed in forma pauperis on appeal.
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DATED this 7th day of January, 2013.
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