McNeese v. Ryan et al

Filing 19

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)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9
10
11
12
13
14

)
)
)
Petitioner,
)
)
vs.
)
)
Charles Ryan, Arizona Attorney General,)
)
)
Respondent.
)
)
Blaine Kyle McNeese,

No. CV 12-00962-PHX-FJM
ORDER

15
The Court has before it Petitioner's Petition for Writ of Habeas Corpus pursuant to 28
16
U.S.C. § 2254 (doc. 1), and the Report and Recommendation of the United States Magistrate
17
Judge (doc. 18). No objections to the Report and Recommendation were filed, and the time
18
for filing objections pursuant to Rule 8(b), Rules Governing § 2254 Cases, has expired.
19
We accept the Magistrate Judge's recommendation. Accordingly, IT IS ORDERED
20
DENYING the petition for writ of habeas corpus.
21
Because petitioner has not made a substantial showing of the denial of a constitutional
22
right and because the dismissal of the petition is justified by a plain procedural bar and jurists
23
of reason would not find the procedural ruling debatable, IT IS FURTHER ORDERED
24
DENYING a certificate of appealability and leave to proceed in forma pauperis on appeal.
25
26
27
28

DATED this 7th day of January, 2013.