Burgess v. Ryan et al

Filing 18

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)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Marcus DeWayne Burgess, 9 Petitioner, 10 vs. 11 Charles L. Ryan, et al., 12 Respondents. ) ) ) ) ) ) ) ) ) No. CV-12-01569-PHX-FJM ORDER 13 Before the court is Petitioner’s petition for writ of habeas corpus pursuant to 28 14 U.S.C. § 2254 (doc. 1), Respondents’ response (doc. 10), Petitioner’s reply (doc. 15), and the 15 Report and Recommendation of the United States Magistrate Judge recommending that the 16 petition be denied (doc. 17). Petitioner did not filed objections to the Report and 17 Recommendation and the time for doing so has expired. 18 Pursuant to Rule 8(b), Rules Governing § 2254 Cases, we accept the recommended 19 decision of the United States Magistrate Judge. Therefore, IT IS ORDERED DENYING 20 AND DISMISSING with prejudice the petition for writ of habeas corpus (doc. 1). 21 IT IS FURTHER ORDERED DENYING a certificate of appealability and leave 22 to proceed in forma pauperis on appeal because dismissal of the habeas petition is justified 23 by a plain procedural bar and jurists of reason would not find the ruling debatable, and 24 because Petitioner has not made a substantial showing of the denial of a constitutional right. 25 26 27 28 DATED this 17th day of September, 2013.

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