Conrad v. Ryan et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATION 19 in full. IT IS FURTHER ORDERED overruling Petitioner's Objections (Doc. 20 ). IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1 ) is denie d and dismissed with prejudice. IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to proceed in forma pauperis on appeal upon the Courts conclusion that jurists of reason would not find its assessment of the constitutional claims to be debatable or wrong. IT IS FURTHER ORDERED that the Clerk of Court shall terminate this matter. (See document for further details). Signed by Judge Steven P Logan on 6/27/17. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Robert L. Conrad,

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Petitioner,
vs.

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Charles L. Ryan, et al.,
Respondents.

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No. CV-14-00927-PHX-SPL
ORDER

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Petitioner Robert L. Conrad has filed a Petition for Writ of Habeas Corpus

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pursuant to 28 U.S.C. § 2254 alleging that his trial counsel provided ineffective

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assistance of counsel, and that his Fourth Amendment rights were violated. (Doc. 1.)

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Additionally, he has alleged that the trial court should not have allowed his first trial

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counsel to withdraw, and that the trial court committed error when the court allowed

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certain exhibits into evidence during the trial. (Doc. 1.)

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Duncan, United States Magistrate Judge, has issued a Report and Recommendation

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(“R&R”) (Doc. 19), which recommends that this Court deny the Petition and dismiss the

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Petition with prejudice. Petitioner timely objected to the R&R (Doc. 20).

The Honorable David K.

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The Court has undertaken an extensive review of the issues presented in the

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objections. (Doc. 20.) Upon that review, the Court concludes that Magistrate Judge

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Duncan’s recommendations are wholly supported. The Court adopts in whole Judge

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Duncan’s R&R and the underlying reasoning. Accordingly,

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IT IS ORDERED adopting the R&R (Doc. 19) in full.

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IT IS FURTHER ORDERED overruling Petitioner’s Objections (Doc. 20).

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IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus

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pursuant to 28 U.S.C. § 2254 (Doc. 1) is denied and dismissed with prejudice.

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IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to

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proceed in forma pauperis on appeal upon the Court’s conclusion that jurists of reason

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would not find its assessment of the constitutional claims to be debatable or wrong.

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IT IS FURTHER ORDERED that the Clerk of Court shall terminate this matter.

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Dated this 27th day of June, 2017.

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Honorable Steven P. Logan
United States District Judge

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