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)

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.