Bodie #206109 v. Ryan et al
ORDER ADOPTING 24 Report and Recommendation of the Magistrate Judge and denying and dismissing with prejudice 5 amended petition for writ of habeas corpus. IT IS FURTHER ORDERED denying a certificate of appealability and leave to proceed 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 procedural ruling debatable. Signed by Senior Judge Frederick J Martone on 5/22/14. (LSP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Andy Charles Bodie,
Charles L. Ryan, et al.,
The court has before it petitioner’s amended petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254 (doc. 5), the respondents’ response (doc. 22), and the Report
and Recommendation of the United States Magistrate Judge (doc. 24), recommending that
petitioner’s amended petition for writ of habeas corpus be denied and dismissed with
prejudice. No objections to the Report and Recommendation were filed and the time for
doing so has now expired.
Pursuant to Rule 8(b), Rules Governing § 2254 Cases, the court accepts the
recommended decision of the Magistrate Judge.
Accordingly, IT IS ORDERED DENYING AND DISMISSING WITH
PREJUDICE the amended petition for writ of habeas corpus (doc. 5).
IT IS FURTHER ORDERED DENYING a certificate of appealability and leave
to proceed 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 procedural ruling debatable.
DATED this 22nd day of May, 2014.
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