Collins v. Arizona, State of et al

Filing 20

ORDER adopting the Report and Recommendation of the Magistrate Judge as the order of this Court. (Doc. 19 ) FURTHER ORDERED that the Amended Petition for Writ of Habeas Corpus is denied. (Doc. 7 ) FURTHER ORDERED denying a Certificate of Appealabil ity and leave to proceed in forma pauperis on appeal because the denial of the Amended Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. Signed by Judge Susan R Bolton on 3/11/2014. (KMG)

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NOT FOR PUBLICATION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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Chance Ronald Collins,
Petitioner,

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ORDER

v.

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No. CV-12-02723-PHX-SRB

Barry Larson, et al.,

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Respondents.

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Petitioner filed his Amended Petition for Writ of Habeas Corpus pursuant to 28

16 U.S.C. § 2254 on April 22, 2013 raising three grounds for relief: 1) Petitioner alleges there
17 was insufficient evidence to support his convictions, contrary to Due Process Clause of the
18 Fifth and Fourteenth Amendments; 2) Petitioner alleges his prison sentence was excessive ,
19 in violation of the Eighth Amendment; and 3) Petitioner challenges the Governor of
20 Arizona’s decision to deny a reduction or commutation of his sentence despite a favorable
21 recommendation by the Arizona Board of Executive Clemency. Respondents filed their
22 Limited Answer to Petitioner’s Petition for Writ of Habeas Corpus on August 15, 2013.
23 No reply was filed. On February 18, 2014, the Magistrate Judge issued his Report and
24 Recommendation recommending that the amended petition be denied because the claims in
25 grounds one and two are procedurally defaulted and the claim in ground three is not
26 cognizable on federal habeas review.
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In his Report and Recommendation the Magistrate Judge advised the parties that

28 they had 14 days from the date of service of a copy of the Report and Recommendation

1 within which to file specific written objections with the Court. The time to file such
2 objections has expired and no objections to the Report and Recommendation have been
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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. (Doc. 19)
IT IS FURTHER ORDERED that the Amended Petition for Writ of Habeas
Corpus is denied. (Doc. 7)

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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 denial of the Amended Petition is

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justified by a plain procedural bar and jurists of reason would not find the procedural

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ruling debatable.

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

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Dated this 11th day of March, 2014.

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