Arevalo #182680 v. Ryan et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Charles L. Ryan,
DENIAL OF CERTIFICATE OF
APPEALABILITY AND IN FORMA
Pending before the court is the Report and Recommendation (“R&R”) of
Magistrate Judge James F. Metcalf (Doc. 18) regarding petitioner’s Petition for Writ of
Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1). The R&R recommends that
the Petition be dismissed with prejudice. The Magistrate Judge advised the parties that
they had fourteen days to file objections to the R&R. (R&R at P. 16 ln. 6 (citing 28
U.S.C. § 636(b)). The Court then extended the deadline for filing objections to April 12,
2013 (Doc. 20). Petitioner filed objections on April 11, 2012 (Doc. 21).
The court has considered the objections and reviewed the Report and
Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that
the court must make a de novo determination of those portions of the Report and
Recommendation to which specific objections are made). The court agrees with the
Magistrate Judge’s determinations, accepts the recommended decision within the
meaning of Rule 72(b), Fed. R. Civ. P., and overrules Petitioner’s objections. See 28
U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole
or in part, the findings or recommendations made by the magistrate”).
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
dismissing petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. §
2254 (Doc. 1) 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.
Dated this 16th day of April, 2013.
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