Tucker v. Ryan et al

Filing 19

ORDER ACCEPTING 18 Report and Recommendation of the Magistrate Judge. The Clerk shall enter judgment denying Petitioner's Amended Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. §2254 (Doc. 7 ). The Clerk shall terminate this action. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because denial of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Judge Neil V Wake on 12/20/13. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV-12-1909-PHX-NVW

Milton Lee Tucker,

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Petitioner,

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ORDER

vs.
Charles L. Ryan, et al.,

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Respondent.
Pending before the court is the Report and Recommendation (“R&R”) of

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Magistrate Judge Anderson (Doc. 18) regarding petitioner’s Amended Petition for Writ

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of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 7). The R&R recommends

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that the Petition be denied. The Magistrate Judge advised the parties that they had
fourteen days to file objections to the R&R. (Doc. 18 at 10 (citing 28 U.S.C. § 636(b)).
Although no objection was filed in this action, the Court has considered the
objections Petitioner filed in a parallel case, No. CV-12-0912-PHX-NVW, and reviewed

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the Report and Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. §

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636(b)(1) (stating that the court must make a de novo determination of those portions of

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the Report and Recommendation to which specific objections are made). The court

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agrees with the Magistrate Judge’s determinations, accepts the recommended decision

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within the meaning of Rule 72(b) of the Federal Rules of Civil Procedure. See 28 U.S.C.

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§ 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate”)

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IT IS THEREFORE ORDERED that Report and Recommendation of the
Magistrate Judge (Doc. 18) is accepted.
IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying
Petitioner's Amended Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. §
2254 (Doc. 7). The Clerk shall terminate this action.
IT IS FURTHER ORDERED that a Certificate of Appealability and leave to
proceed in forma pauperis on appeal are denied because denial of the Petition is justified
by a plain procedural bar and jurists of reason would not find the procedural ruling
debatable.
Dated this 20th day of December, 2013.

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