Jones #195322 v. Ryan et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION, accepting the recommended decision of the Magistrate Judge 21 ; denying and dismissing with prejudice the amended petition for writ of habeas corpus 9 ; denying a Certificate of Appealability and leave to p roceed in forma pauperis on appeal because dismissal of the habeas petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge Frederick J Martone on 7/21/14. (REW)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 James Ira Jones, Jr., Petitioner, 10 11 vs. 12 Charles L. Ryan, et al., 13 Respondents. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-12-2030-PHX-FJM ORDER 15 16 17 The court has before it Petitioner’s amended petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254 (doc. 9), Respondents’ answer (doc. 17), and Petitioner’s reply 19 (doc. 18). We also have before us the Report and Recommendation of the United States 20 Magistrate Judge recommending that the amended petition be denied and dismissed with 21 prejudice (doc. 21). No objection to the Report and Recommendation was filed and the time 22 for doing so has expired. 23 Pursuant to Rule 8(b), Rules Governing § 2254 Cases, we accept the recommended 24 decision of the Magistrate Judge (doc. 21). Therefore, IT IS ORDERED DENYING and 25 DISMISSING WITH PREJUDICE the amended petition for writ of habeas corpus (doc. 26 9). 27 IT IS FURTHER ORDERED DENYING a certificate of appealability and leave 28 to proceed in forma pauperis on appeal because dismissal of the habeas petition is justified 1 by a plain procedural bar and jurists of reason would not find the ruling debatable, and 2 because Petitioner has not made a substantial showing of the denial of a constitutional right. 3 DATED this 21st day of July, 2014. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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