Bodie #206109 v. Ryan et al

Filing 25

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Andy Charles Bodie,
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Petitioner,
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vs.
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Charles L. Ryan, et al.,
Respondents.

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No. CV-12-02269-PHX-FJM
ORDER

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The court has before it petitioner’s amended petition for writ of habeas corpus
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pursuant to 28 U.S.C. § 2254 (doc. 5), the respondents’ response (doc. 22), and the Report
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and Recommendation of the United States Magistrate Judge (doc. 24), recommending that
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petitioner’s amended petition for writ of habeas corpus be denied and dismissed with
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prejudice. No objections to the Report and Recommendation were filed and the time for
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doing so has now expired.
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Pursuant to Rule 8(b), Rules Governing § 2254 Cases, the court accepts the
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recommended decision of the Magistrate Judge.
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Accordingly, IT IS ORDERED DENYING AND DISMISSING WITH
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PREJUDICE the amended petition for writ of habeas corpus (doc. 5).
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IT IS FURTHER ORDERED DENYING a certificate of appealability and leave
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to proceed in forma pauperis on appeal because dismissal of the habeas petition is justified
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by a plain procedural bar and jurists of reason would not find the procedural ruling debatable.
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DATED this 22nd day of May, 2014.