Mackey v. Ryan et al

Filing 13

ORDER that the Magistrate Judge's 12 Report and Recommendation is accepted and adopted by the Court. ORDERED that the Petitioner's 4 Amended Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Cust ody is DENIED and that this action is DISMSSED. The Clerk of the Court shall enter judgment accordingly. FURTHER ORDERED that no certificate of appealability shall be issued and that the petitioner is not entitled to appeal in forma pauperis. Signed by Senior Judge Paul G Rosenblatt on 12/1/2014. (ALS)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Conway Mark Mackey,
Petitioner,

10
11

ORDER

v.

12

No. CV-13-01104-PHX-PGR

Charles L. Ryan, et al.,

13

Respondents.

14
15

The Court having reviewed de novo the Report and Recommendation (Doc. 12) of

16

Magistrate Judge Bridget S. Bade, filed on October 8, 2014, notwithstanding that no

17

party has filed an objection to the Report and Recommendation,
IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc.

18
19

12) is accepted and adopted by the Court.

20

IT IS FURTHER ORDERED that the Petitioner’s Amended Petition Under 28

21

U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody is DENIED and

22

that this action is DISMSSED. The Clerk of the Court shall enter judgment accordingly.
IT IS FURTHER ORDERED that no certificate of appealability shall be issued

23
24
25

and that the petitioner is not entitled to appeal in forma pauperis because dismissal of the
///

26
27
28

///
///

1

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

2

find the ruling debatable.

3

Dated this 1st day of December, 2014.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-