Sheppard v. Ryan et al

Filing 14

ORDER that the Magistrate Judge's Report and Recommendation (Doc. 13 ) is accepted and adopted by the Court. FURTHER ORDERED that petitioner Rodney Sheppard's Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody is denied as time-barred and that this action is dismissed with prejudice. FURTHER ORDERED that no certificate of appealability shall issue and that the petitioner is denied leave to appeal in forma pauperis because the dismissal of t he petitioner's habeas petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 10/2/2014. (KMG)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 Rodney Sheppard, Petitioner, 11 12 13 14 15 vs. Charles L. Ryan, et al., Respondents. ) ) ) ) ) ) ) ) ) ) ) No. CV-13-01723-PHX-PGR (LOA) ORDER 16 Having reviewed de novo the Report and Recommendation of Magistrate 17 Judge Anderson notwithstanding that no party has filed any objections to the Report 18 and Recommendation, the Court finds that petitioner Rodney Sheppard’s habeas 19 corpus petition, filed pursuant to 28 U.S.C. § 2254, should be dismissed with 20 prejudice as time-barred because it was filed more than one and half years after the 21 expiration of the AEDPA’s one-year statute of limitations and the petitioner has not 22 shown that the limitations period should be equitably tolled. Therefore, 23 24 25 26 IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 13) is accepted and adopted by the Court. IT IS FURTHER ORDERED that petitioner Rodney Sheppard’s Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody is 1 denied as time-barred and that this action is dismissed with prejudice. 2 IT IS FURTHER ORDERED that no certificate of appealability shall issue and 3 that the petitioner is denied leave to appeal in forma pauperis because the dismissal 4 of the petitioner’s habeas petition is justified by a plain procedural bar and jurists of 5 reason would not find the procedural ruling debatable. 6 7 8 IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. DATED this 2nd day of October, 2014. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?