Hanshaw #102163 v. Ryan et al

Filing 24

ORDER ACCEPTING REPORT AND RECOMMENDATION 22 - 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 the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying and dismissing Petitioners Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1 ) with prejudice. The Clerk shall terminate this action. Signed by Judge Neil V Wake on 1/4/16. (LAD)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Sheldon Roy Hanshaw, 10 Petitioner, 11 v. 12 Charles L. Ryan; Attorney General of the State of Arizona, 13 14 No. CV-14-02575-PHX-NVW (JZB) ORDER and DENIAL OF CERTIFICATE OF APPEALABILITY AND IN FORMA PAUPERIS STATUS Respondents. 15 Pending before the Court is the Report and Recommendation (“R&R”) of 16 Magistrate Judge John Z. Boyle (Doc. 22) regarding petitioner’s Petition for Writ of 17 Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1). The R&R recommends that 18 the Petition be denied and dismissed with prejudice. The Magistrate Judge advised the 19 parties that they had fourteen days to file objections to the R&R. (R&R at 10 (citing 28 20 U.S.C. § 636(b)(1); Fed.R.Civ.P. 6(a), 6(b) and 72. 21 December 24, 2015 (Doc. 23). Petitioner filed objections on 22 The Court has considered the objections and reviewed the Report and 23 Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that 24 the court must make a de novo determination of those portions of the Report and 25 Recommendation to which specific objections are made). The Court agrees with the 26 Magistrate Judge’s determinations, accepts the recommended decision within the 27 meaning of Rule 72(b), Fed. R. Civ. P., and overrules Petitioner’s objections. See 28 28 1 2 3 4 5 6 7 8 9 10 11 12 13 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate”). IT IS THEREFORE ORDERED that Report and Recommendation of the Magistrate Judge (Doc.22) 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 the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. IT IS FURTHER ORDERED that the Clerk of the Court 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. The Clerk shall terminate this action. Dated this 4th day of January, 2016. 14 15 16 Neil V. Wake United States District Judge 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?