Burgess v. Ryan et al
ORDER accepting the 17 Report and Recommendation. ORDERED denying and dismissing with prejudice, the 1 Petition for Writ of Habeas Corpus. IT IS FURTHER ORDERED denying a certificate of appealability and leave to proceed in forma pauperis on appeal. Signed by Senior Judge Frederick J Martone on 9/17/2013. (LFIG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Marcus DeWayne Burgess,
Charles L. Ryan, et al.,
Before the court is Petitioner’s petition for writ of habeas corpus pursuant to 28
U.S.C. § 2254 (doc. 1), Respondents’ response (doc. 10), Petitioner’s reply (doc. 15), and the
Report and Recommendation of the United States Magistrate Judge recommending that the
petition be denied (doc. 17).
Petitioner did not filed objections to the Report and
Recommendation 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, and
because Petitioner has not made a substantial showing of the denial of a constitutional right.
DATED this 17th day of September, 2013.
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