Guy #195231 v. Ryan et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Ian Sebastian Guy,
Charles L. Ryan; Thomas C. Horne,
The court has before it the petitioner’s petition for writ of habeas corpus pursuant to
28 U.S.C. § 2254 (doc. 1), respondents’ response (doc. 15), and the Report and
Recommendation of the United States Magistrate Judge recommending that the petition be
denied as untimely (doc. 19). No objection to the Report and Recommendation was filed and
the time for doing so has expired.
Pursuant to Rule 8(b), Rules Governing § 2254 Cases, we accept the recommended
decision of the United States Magistrate Judge. Therefore, IT IS ORDERED DENYING
AND DISMISSING with prejudice the petition for writ of habeas corpus (doc. 1).
IT IS FURTHER ORDERED DENYING a certificate of appealability and leave
to proceed in forma pauperis on appeal because dismissal of the habeas petition is justified
by a plain procedural bar and jurists of reason would not find the ruling debatable.
DATED this 3rd day of July, 2013.
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