Williams v. Sterns et al
Filing
27
ORDER ADOPTING REPORT AND RECOMMENDATION: 25 Report and Recommendation is ACCEPTED. Having considered the issuance of a Certificate of Appealability from the order denying Petitioners Petition for a Writ of Habeas Corpus, a Certificate of Appe alability and leave to proceed in forma pauperis on appeal are DENIED. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, (Doc. 1), with prejudice, and shall terminate this action. Signed by Judge Douglas L Rayes on 11/5/15. (KGM)
1
WO
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
James Pierre Williams,
Petitioner,
10
11
ORDER
v.
12
No. CV-14-01417-PHX-DLR
Unknown Sterns, et al.,
13
Respondents.
14
15
Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge
16
James F. Metcalf, (Doc. 25), regarding Petitioner’s Petition for Writ of Habeas Corpus
17
filed pursuant to 28 U.S.C. § 2254, (Doc. 1). The R&R recommends that the petition be
18
denied and dismissed with prejudice. The Magistrate Judge advised the parties that they
19
had fourteen days to file objections to the R&R. (Doc. 25 at 46-47 (citing Fed. R. Civ. P.
20
72(b)).) Petitioner filed his “Notice of Objection to Report and Recommendation of
21
Petition for Writ of Habeas Corpus” on September 8, 2015. (Doc. 26.)
22
The Court has considered the objections and reviewed the R&R de novo. See Fed.
23
R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that the court must make a de novo
24
determination of those portions of the R&R to which specific objections are made). The
25
Court agrees with the Magistrate Judge’s determinations, accepts the recommended
26
decision within the meaning of Rule 72(b), and overrules Petitioner’s objections. See 28
27
U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole
28
or in part, the findings or recommendations made by the magistrate”).
1
IT IS THEREFORE ORDERED that the Report and Recommendation of the
2
Magistrate Judge, (Doc. 25), is ACCEPTED. Having considered the issuance of a
3
Certificate of Appealability from the order denying Petitioner’s Petition for a Writ of
4
Habeas Corpus, a Certificate of Appealability and leave to proceed in forma pauperis on
5
appeal are DENIED.
6
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
7
denying and dismissing Petitioner’s Petition for Writ of Habeas Corpus filed pursuant to
8
28 U.S.C. § 2254, (Doc. 1), with prejudice, and shall terminate this action.
9
Dated this 5th day of November, 2015.
10
11
12
13
14
Douglas L. Rayes
United States District Judge
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-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?