Bernal v. Ryan et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION. The Magistrate Judge's 13 Report and Recommendation is accepted and adopted by the Court; Petitioner's Petition for Writ of Habeas Corpus 1 is denied. Signed by Senior Judge Paul G Rosenblatt on 1/6/14. (REW)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Jaime Bernal, Petitioner, 10 11 v. 12 Charles L. Ryan, et al., Respondents. 13 ) ) ) ) ) ) ) ) ) No. 12-CV-1640-PHX-PGR (BSB) ORDER 14 15 16 17 18 19 20 21 The Court having reviewed the Report and Recommendation of Magistrate Judge Bade, and no party having filed an objection, IT IS HEREBY ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 13) is ACCEPTED and ADOPTED by the Court.1 IT IS FURTHER ORDERED that Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is DENIED. DATED this 6th day of January, 2014. 22 23 24 25 26 27 28 1 On June 8, 1993, Petitioner was convicted of two counts of attempted first-degree murder and received aggravated sentences of 28 years on each count. The convictions became final on November 24, 1994. The Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) went into effect April 24, 1996. Petitioner filed his habeas petition on August 1, 2012. Magistrate Judge Bade recommended that the petition be denied as untimely, having been filed 15 years after the expiration AEDPA’s one-year statute of limitations.

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