Lindsey v. Ryan et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION 14 and the Petition for Writ of Habeas Corpus (Doc. 1 ) is DENIED and DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because the dismissal of the petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Senior Judge Roslyn O Silver on 1/6/14. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Virgil Lee Lindsey, Jr.,
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-13-00032-PHX-ROS
ORDER

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On November 26, 2013, Magistrate Judge Michelle H. Burns issued a Report and

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Recommendation (“R&R”) recommending this case be dismissed with prejudice. No party

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filed objections. Therefore, the R&R will be adopted in full.

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Accordingly,

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IT IS ORDERED the Report and Recommendation (Doc. 14) is ADOPTED and the

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Petition for Writ of Habeas Corpus (Doc. 1) is DENIED and DISMISSED WITH

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PREJUDICE.

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IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed in

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forma pauperis on appeal are DENIED because the dismissal of the petition is justified by

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

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DATED this 6th day of January, 2014.