Ballesteros v. Ryan et al

Filing 16

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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Rene Ballesteros, Jr., 10 Petitioner, 11 vs. 12 Charles L. Ryan, et al., 13 Respondents. 14 ) ) ) ) ) ) ) ) ) ) ) No. CV-12-01958-PHX-ROS ORDER 15 On April 9, 2014, Magistrate Judge David K. Duncan issued a Report and 16 Recommendation (“R&R”). The R&R recommends the petition for writ of habeas corpus 17 be denied. (Doc. 15). Neither party filed an objection. Therefore, the R&R will be adopted 18 in full. Accordingly, 19 20 IT IS ORDERED the Report and Recommendation (Doc. 15) is ADOPTED and the petition for writ of habeas corpus is DENIED. 21 IT IS FURTHER ORDERED a Certificate of Appealability is DENIED either 22 because dismissal is justified by a plain procedural bar and jurists of reason would not find 23 the ruling debatable or because Petitioner has not made a substantial showing of the denial 24 of a constitutional right. 25 26 27 28 DATED this 13th day of May, 2014.

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