Guy #195231 v. Ryan et al

Filing 20

ORDER ACCEPTING REPORT AND RECOMMENDATION 19 and DENYING AND DISMISSING with prejudice the petition for writ of habeas corpus 1 . ORDER DENYING a certificate of appealability and leave to proceed in forma pauperis on appeal. Signed by Senior Judge Frederick J Martone on 7/3/13. (TLJ)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
Ian Sebastian Guy,
9
Petitioner,
10
vs.
11
12

Charles L. Ryan; Thomas C. Horne,

13

Respondents.

14

)
)
)
)
)
)
)
)
)
)
)
)

No. CV-12-01164-PHX-FJM
ORDER

15

The court has before it the petitioner’s petition for writ of habeas corpus pursuant to

16

28 U.S.C. § 2254 (doc. 1), respondents’ response (doc. 15), and the Report and

17

Recommendation of the United States Magistrate Judge recommending that the petition be

18

denied as untimely (doc. 19). No objection to the Report and Recommendation was filed and

19

the time for doing so has expired.

20

Pursuant to Rule 8(b), Rules Governing § 2254 Cases, we accept the recommended

21

decision of the United States Magistrate Judge. Therefore, IT IS ORDERED DENYING

22

AND DISMISSING with prejudice the petition for writ of habeas corpus (doc. 1).

23

IT IS FURTHER ORDERED DENYING a certificate of appealability and leave

24

to proceed in forma pauperis on appeal because dismissal of the habeas petition is justified

25

by a plain procedural bar and jurists of reason would not find the ruling debatable.

26
27
28

DATED this 3rd day of July, 2013.