Holemen v. Ryan

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION 12 of the Magistrate Judge as the order of this Court; the Petition for Writ of Habeas Corpus is denied and dismissed with prejudice; denying a Certificate of Appealability and leave to proceed in forma paup eris on appeal because the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable;directing the Clerk to enter judgment accordingly. Signed by Judge Susan R Bolton on 7/15/13. (REW)

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NOT FOR PUBLICATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Herve Holemen,
Petitioner,

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vs.

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Charles Ryan,
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Respondent.
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No. CV12-02350-PHX-SRB
ORDER

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Petitioner filed his Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254
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on November 1, 2012 raising two grounds for relief: 1) ineffective assistance of counsel at
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trial violating Petitioner's Fifth, Sixth and Fourteenth Amendment rights; and 2) ineffective
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assistance of counsel on appeal and in state post-conviction proceedings. On March 18, 2013
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Respondent filed his Response to Petitioner’s Petition for Writ of Habeas Corpus . Petitioner
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filed a reply on April 16, 2013. On June 19, 2013, the Magistrate Judge issued his Report and
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Recommendation recommending that the petition be denied and dismissed with prejudice.
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In his Report and Recommendation the Magistrate Judge advised the parties that they
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had 14 days from the date of service of a copy of the Report and Recommendation within
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which to file specific written objections with the Court. The time to file such objections has
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expired and no objections to the Report and Recommendation have been filed.
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The Court finds itself in agreement with the Report and Recommendation of the
Magistrate Judge.
IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge
as the order of this Court.
IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus is denied
and dismissed with prejudice.

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IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to

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proceed in forma pauperis on appeal because the dismissal of the Petition is justified by a

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plain procedural bar and jurists of reason would not find the procedural ruling debatable.

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IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly.

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DATED this 15th day of July, 2013.

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