Ballesteros v. Ryan et al
Filing
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ORDER ADOPTING 15 Report and Recommendation and the petition for writ of habeas corpus is DENIED. A Certificate of Appealability is DENIED either because dismissal is justified by a plain procedural bar and jurists of reason would not find the ruling debatable or because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge Roslyn O Silver on 5/13/14. (LSP)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Rene Ballesteros, Jr.,
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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-12-01958-PHX-ROS
ORDER
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On April 9, 2014, Magistrate Judge David K. Duncan issued a Report and
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Recommendation (“R&R”). The R&R recommends the petition for writ of habeas corpus
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be denied. (Doc. 15). Neither party filed an objection. Therefore, the R&R will be adopted
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in full. Accordingly,
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IT IS ORDERED the Report and Recommendation (Doc. 15) is ADOPTED and the
petition for writ of habeas corpus is DENIED.
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IT IS FURTHER ORDERED a Certificate of Appealability is DENIED either
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because dismissal is justified by a plain procedural bar and jurists of reason would not find
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the ruling debatable or because Petitioner has not made a substantial showing of the denial
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of a constitutional right.
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DATED this 13th day of May, 2014.
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