Garten v. Arizona, State of et al
ORDER ACCEPTING 18 Report and Recommendation of United States Magistrate Judge. The Second Amended Petition for Writ of Habeas Corpus (Doc. 6 ) is DENIED. The Certificate of Appealability and leave to proceed in forma pauperis on appeal is DENIED because dismissal of the Second Amended 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 10/10/14. (LSP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Charles Guy Garten,
Arizona, State of, et al.,
Before the Court is a report and recommendation from the Magistrate Judge, (Doc.
18), pursuant to 28 U.S.C. § 636(b)(1)(B) and Rule 72(b)(1), Fed. R. Civ. P. No objection
to the report and recommendation was filed and the time for doing so has expired. See
Fed. R. Civ. P. 72(b)(2).
The court accepts the recommended decision of the United States Magistrate
Judge within the meaning of Rule 8(b), Rules Governing § 2254 Cases.
IT IS ORDERED the Second Amended Petition for Writ of Habeas Corpus (Doc.
6) is DENIED.
IT IS FURTHER ORDERED the Certificate of Appealability and leave to
proceed in forma pauperis on appeal is DENIED because dismissal of the Second
Amended Petition is justified by a plain procedural bar and jurists of reason would not
find the procedural ruling debatable.
DATED this 10th day of October, 2014.
Honorable Roslyn O. Silver
Senior United States District Judge
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