Rucks v. Ryan et al

Filing 20

ORDER that the 17 Report and Recommendation is accepted. The 1 Petition for Writ of Habeas Corpus is denied and dismissed with prejudice. Petitioner's 5 and 15 Motions to Include Additional Materials in Petition are denied. Peti tioner's 11 Motion for Discovery is denied. Petitioner's 12 Motion to add Amicus Curiae Brief and 18 Motion for Clarification are denied as moot. A Certificate of Appealability and Leave to Proceed in Forma Pauperis on Appeal are denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 3/25/2013. (LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV12-1522 PHX DGC (MHB)

Kevin R. Rucks,
Petitioner,

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v.

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ORDER

Charles L. Ryan, et al.,
Defendants.

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Petitioner Kevin R. Rucks has filed a petition for writ of habeas corpus pursuant to

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28 U.S.C. § 2254. Doc. 1. United States Magistrate Michelle H. Burns has issued a

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report and recommendation (“R&R”) recommending that the petition be denied and

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dismissed with prejudice. Doc. 17. No objection has been filed, which relieves the Court

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of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3);

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Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114,

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1121 (9th Cir. 2003). The Court will accept the R&R and deny the petition.

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IT IS ORDERED:

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1.

The R&R (Doc. 17) is accepted.

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2.

The petition for writ of habeas corpus (Doc. 1) is denied and dismissed

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with prejudice.

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3.

Petitioner’s motion to include additional materials in petition for writ of

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habeas corpus and for Court’s assistance in obtaining additional material (Doc. 5) is

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denied.

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4.

Petitioner’s motion for discovery (Doc. 11) is denied.

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5.

Petitioner’s motion to include additional materials to petition (Doc. 15) is

denied.

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6.

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denied as moot.

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7.

Petitioner’s motion for clarification (Doc. 18) is denied as moot.

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8.

A certificate of appealability and leave to proceed in forma pauperis on

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Petitioner’s motion to add Amicus Curiae Brief to petition (Doc. 12) is

appeal are denied

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The Clerk is directed to terminate this action.

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Dated this 25th day of March, 2013.

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