Smiley v. Ryan et al

Filing 41

ORDER ADOPTING 40 REPORT AND RECOMMENDATION. IT IS ORDERED DENYING and DISMISSING WITH PREJUDICE the 6 amended petition for writ of habeas corpus. FURTHER ORDERED DENYING a certificate of appealability and leave to proceed in forma pauperis on appeal. Signed by Senior Judge Frederick J Martone on 12/17/2014. (ALS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Angel David Smiley,

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Petitioner,

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vs.

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Charles L. Ryan, et al.,
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Respondents.
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No. CV-12-2525-PHX-FJM
ORDER

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Before the court is Petitioner’s amended petition for writ of habeas corpus pursuant

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to 28 U.S.C. § 2254 (doc. 6), Respondents’ response (doc. 20) and supplemental responses

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(docs. 24, 30 and 36), and Petitioner’s reply (doc. 21) and supplemental replies (doc. 28 and

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39). We also have before us the report and recommendation of the United States Magistrate

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Judge concluding that Petitioner’s claims are procedurally defaulted or procedurally barred

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and recommending that the amended petition be dismissed with prejudice (doc. 40).

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Petitioner has not objected to the report and recommendation and the time for doing so has

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expired.

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Pursuant to Rule 8(b), Rules Governing § 2254 Cases, we accept the recommended

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decision of the Magistrate Judge (doc. 40). Therefore, IT IS ORDERED DENYING and

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DISMISSING WITH PREJUDICE the amended petition for writ of habeas corpus (doc.

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6).

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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 ruling debatable.

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DATED this 17th day of December, 2014.

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