Garten v. Arizona, State of et al

Filing 19

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Charles Guy Garten,

No. CV-13-00227-PHX-ROS
Petitioner,

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v.

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ORDER

Arizona, State of, et al.,

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Respondents.

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Before the Court is a report and recommendation from the Magistrate Judge, (Doc.

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18), pursuant to 28 U.S.C. § 636(b)(1)(B) and Rule 72(b)(1), Fed. R. Civ. P. No objection

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to the report and recommendation was filed and the time for doing so has expired. See

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Fed. R. Civ. P. 72(b)(2).

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The court accepts the recommended decision of the United States Magistrate
Judge within the meaning of Rule 8(b), Rules Governing § 2254 Cases.

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Accordingly,

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IT IS ORDERED the Second Amended Petition for Writ of Habeas Corpus (Doc.

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6) is DENIED.

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IT IS FURTHER ORDERED the Certificate of Appealability and leave to

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proceed in forma pauperis on appeal is DENIED because dismissal of the Second

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Amended Petition is justified by a plain procedural bar and jurists of reason would not

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find the procedural ruling debatable.

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DATED this 10th day of October, 2014.

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Honorable Roslyn O. Silver
Senior United States District Judge