Garcia-Perez v. Kane et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION, the 15 Report and Recommendation fo the Magistrate Judge is adopted; the 1 Petition for Writ of Habeas Corpus is denied; denying any Certificate of Appealability and leave to proceed in forma pauperis on appeal because Petitioner has not made a substantial showing of the denial of a constitutional right' directing the Clerk to enter judgment accordingly. Signed by Judge Susan R Bolton on 7/8/14. (REW)

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NOT FOR PUBLICATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Silvino Garcia-Perez,
Petitioner,

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ORDER

v.

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No. CV-13-01870-PHX-SRB

Katrina S. Kane, et al.,

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Respondents.

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Petitioner filed his Petition for Writ of Habeas Corpus on September 10, 2013

16 raising two grounds for relief: 1) that he has suffered prolonged detention and is entitled to
17 a bond redetermination hearing; and 2) that his convictions do not make him a danger to
18 the community. Respondents filed their Response to Petitioner’s Petition for Writ of
19 Habeas Corpus on December 12, 2013. No reply was filed. On June 17, 2014, the
20 Magistrate Judge issued his Report and Recommendation recommending that the petition
21 be dismissed.
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In his Report and Recommendation the Magistrate Judge advised the parties that
23 they had 14 days from the date of service of a copy of the Report and Recommendation
24 within which to file specific written objections with the Court. The time to file such
25 objections has expired and no objections to the Report and Recommendation have been
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The Court finds itself in agreement with the Report and Recommendation of the
Magistrate Judge.

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IT IS ORDERED adopting the Report and Recommendation of the Magistrate
Judge as the order of this Court.
IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus is
denied.

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IT IS FURTHER ORDERED denying any Certificate of Appealability and leave

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to proceed in forma pauperis on appeal because Petitioner has not made a substantial

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showing of the denial of a constitutional right.

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IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly.

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Dated this 8th day of July, 2014.

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