Leon v. Ryan et al

Filing 16

ORDER: The Report and Recommendation of the Magistrate Judge, (Doc. 14 ), is ACCEPTED. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus, a Certificate of Appealability 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 Amended Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, (Doc. 7 ), with prejudice, and shall terminate this action. Signed by Judge Douglas L Rayes on 11/05/2015. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Francisco Leon,

No. CV-14-01755-PHX-DLR
Petitioner,

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v.

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ORDER

Charles L. Ryan, et al.,

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Respondents.

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Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge

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Eileen S. Willett, (Doc. 14), regarding Petitioner’s Amended Petition for Writ of Habeas

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Corpus filed pursuant to 28 U.S.C. § 2254, (Doc. 7). The R&R recommends that the

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petition be denied and dismissed with prejudice. The Magistrate Judge advised the

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parties that they had fourteen days to file objections to the R&R. (Doc. 14 at 8 (citing 28

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U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72.)) Petitioner filed his “Objections to Report and

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Recommendation” on October 13, 2015. (Doc. 15.)

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The Court has considered the objections and reviewed the R&R de novo. See Fed.

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R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that the court must make a de novo

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determination of those portions of the R&R to which specific objections are made). The

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Court agrees with the Magistrate Judge’s determinations, accepts the recommended

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decision within the meaning of Rule 72(b), and overrules Petitioner’s objections. See 28

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U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole

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or in part, the findings or recommendations made by the magistrate”).

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IT IS THEREFORE ORDERED that the Report and Recommendation of the

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Magistrate Judge, (Doc. 14), is ACCEPTED. Having considered the issuance of a

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Certificate of Appealability from the order denying Petitioner’s Petition for a Writ of

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Habeas Corpus, a Certificate of Appealability and leave to proceed in forma pauperis on

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appeal are DENIED.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment

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denying and dismissing Petitioner’s Amended Petition for Writ of Habeas Corpus filed

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pursuant to 28 U.S.C. § 2254, (Doc. 7), with prejudice, and shall terminate this action.

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Dated this 5th day of November, 2015.

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Douglas L. Rayes
United States District Judge

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