Bowman #254828 v. Ryan et al

Filing 19

ORDER that Magistrate Judge Burn's R&R (Doc. 18 ) is accepted and adopted as the order of this Court. FURTHER ORDERED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1 ) is denied and dismissed with prejudic e. FURTHER ORDERED that pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable, and Petitioner has not made a substantial showing of the denial of a constitutional right. IT IS FURTHER ORDERED that the Clerk of Court shall terminate this action and enter judgment accordingly. Signed by Judge Diane J Humetewa on 7/28/2015. (KMG)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Justin C. Bowman, No. CV-14-0733-PHX-DJH Petitioner, 10 11 v. 12 ORDER Charles L. Ryan, et al., 13 Respondents. 14 15 16 This matter is before the Court on Petitioner’s Petition for Writ of Habeas Corpus 17 pursuant to 28 U.S.C. § 2254 (Doc. 1) and the Report and Recommendation (“R&R”) 18 issued by United States Magistrate Judge Michelle H. Burns (Doc. 18). Following a jury 19 trial in 2010, Petitioner was convicted of 32 criminal counts involving sexual offenses 20 with minors. (Doc. 18 at 3). He was sentenced to concurrent and consecutive prison 21 terms totaling 682 years. (Id.). He raised ten grounds for relief in the Petition, including 22 two Confrontation Clause violations, three Due Process Clause violations, and five 23 claims of ineffective assistance of trial counsel in violation of the Sixth Amendment. 24 (Doc. 18 at 1-2). 25 Petitioner's first two claims lack merit and the remaining eight claims are procedurally 26 defaulted. (Doc. 18 at 19-20). Accordingly, Judge Burns recommends the Petition be 27 denied. (Doc. 18 at 20). 28 /// After consideration of the issues, Judge Burns concluded that 1 Judge Burns advised the parties that they had fourteen days to file objections and 2 that the failure to file timely objections "may result in the acceptance of the Report and 3 Recommendation by the district court without further review." (Doc. 18 at 20) (citing 4 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)). The 5 parties have not filed objections and the time to do so has expired. 6 objections, the Court is not required to review the findings and recommendations in the 7 R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1989) (The relevant provision of the 8 Federal Magistrates Act, 28 U.S.C. § 636(b)(1)(C), “does not on its face require any 9 review at all . . . of any issue that is not the subject of an objection.”); Reyna-Tapia, 328 10 F.3d at 1121 (same); Fed.R.Civ.P. 72(b)(3) (“The district judge must determine de novo 11 any part of the magistrate judge’s disposition that has been properly objected to.”). Absent any 12 Nonetheless, the Court has reviewed the R&R and agrees with its findings and 13 recommendations. The Court will, therefore, accept the R&R and deny the Petition. See 14 28 U.S.C. § 636(b)(1)(C) (“A judge of the court may accept, reject, or modify, in whole 15 or in part, the findings or recommendations made by the magistrate judge.”); 16 Fed.R.Civ.P. 72(b)(3) (same). 17 Accordingly, 18 IT IS ORDERED that Magistrate Judge Burn's R&R (Doc. 18) is accepted and 19 adopted as the order of this Court. IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus 20 21 pursuant to 28 U.S.C. § 2254 (Doc. 1) is denied and dismissed with prejudice. 22 IT IS FURTHER ORDERED that pursuant to Rule 11(a) of the Rules Governing 23 Section 2254 Cases, a Certificate of Appealability and leave to proceed in forma pauperis 24 on appeal are denied because dismissal of the Petition is justified by a plain procedural 25 bar and jurists of reason would not find the procedural ruling debatable, and Petitioner 26 has not made a substantial showing of the denial of a constitutional right. 27 /// 28 /// -2- 1 2 3 IT IS FURTHER ORDERED that the Clerk of Court shall terminate this action and enter judgment accordingly. Dated this 28th day of July, 2015. 4 5 6 7 Honorable Diane J. Humetewa United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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?