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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Marcus DeWayne Burgess,
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Petitioner,
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vs.

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Charles L. Ryan, et al.,

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Respondents.

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No. CV-12-01569-PHX-FJM
ORDER

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Before the court is Petitioner’s petition for writ of habeas corpus pursuant to 28
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U.S.C. § 2254 (doc. 1), Respondents’ response (doc. 10), Petitioner’s reply (doc. 15), and the
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Report and Recommendation of the United States Magistrate Judge recommending that the
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petition be denied (doc. 17).

Petitioner did not filed objections to the Report and

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Recommendation and the time for doing so has expired.
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Pursuant to Rule 8(b), Rules Governing § 2254 Cases, we accept the recommended
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decision of the United States Magistrate Judge. Therefore, IT IS ORDERED DENYING
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AND DISMISSING with prejudice the petition for writ of habeas corpus (doc. 1).
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IT IS FURTHER ORDERED DENYING a certificate of appealability and leave
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to proceed in forma pauperis on appeal because dismissal of the habeas petition is justified
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by a plain procedural bar and jurists of reason would not find the ruling debatable, and
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because Petitioner has not made a substantial showing of the denial of a constitutional right.
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DATED this 17th day of September, 2013.