Bernal v. Ryan et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Charles L. Ryan, et al.,
No. 12-CV-1640-PHX-PGR (BSB)
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.
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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