Arevalo #182680 v. Ryan et al

Filing 23

ORDER ACCEPTING 18 Report and Recommendation of the Magistrate Judge. The Clerk shall enter judgment dismissing 1 petitioner's Petition for Writ of Habeas Corpus with prejudice. The Clerk shall terminate this action. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied. Signed by Judge Neil V Wake on 4/16/13. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV-12-01178-PHX-NVW

Arturo Arevalo,
Petitioner,

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vs.

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Charles L. Ryan,

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ORDER
AND
DENIAL OF CERTIFICATE OF
APPEALABILITY AND IN FORMA
PAUPERIS STATUS

Respondent.

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Pending before the court is the Report and Recommendation (“R&R”) of

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Magistrate Judge James F. Metcalf (Doc. 18) regarding petitioner’s Petition for Writ of

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Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1). The R&R recommends that

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the Petition be dismissed with prejudice. The Magistrate Judge advised the parties that

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they had fourteen days to file objections to the R&R. (R&R at P. 16 ln. 6 (citing 28

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U.S.C. § 636(b)). The Court then extended the deadline for filing objections to April 12,

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2013 (Doc. 20). Petitioner filed objections on April 11, 2012 (Doc. 21).

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The court has considered the objections and reviewed the Report and

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Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that

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the court must make a de novo determination of those portions of the Report and

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Recommendation to which specific objections are made). The court agrees with the

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Magistrate Judge’s determinations, accepts the recommended decision within the

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meaning of Rule 72(b), Fed. R. Civ. P., and overrules Petitioner’s objections. See 28

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U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole

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or in part, the findings or recommendations made by the magistrate”).

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IT IS THEREFORE ORDERED that Report and Recommendation of the
Magistrate Judge (Doc. 18) is accepted.
IT IS FURTHER ORDERED that

the Clerk of the Court enter judgment

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dismissing petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. §

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2254 (Doc. 1) with prejudice. The Clerk shall terminate this action.

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Having considered the issuance of a Certificate of Appealability from the order

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denying Petitioner’s Petition for a Writ of Habeas Corpus, a Certificate of Appealability

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and leave to proceed in forma pauperis on appeal are denied.

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Dated this 16th day of April, 2013.

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