Fuentez #58390 v. Ryan et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION: The Report and Recommendation (Doc. 14 ) is ADOPTED IN FULL and the Motion for Extension of Time (Doc. 13 ) is DENIED. The Clerk of Court is directed to transfer the petition to the Ninth Circuit pursuant to Ninth Circuit Rule 22-3 and close this case. In the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Courts procedural ruling debatable. Signed by Senior Judge Roslyn O Silver on 7/30/15.(Copy forwarded to the Ninth Circuit Court of Appeals) (KGM)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Rude Echohawk Fuentez, Petitioner, 10 11 ORDER v. 12 No. CV-15-00256-PHX-ROS Charles L. Ryan, et al., 13 Respondents. 14 15 16 On June 23, 2015, Magistrate Judge Bridget S. Bade issued a Report and 17 Recommendation (“R&R”) concluding the petition in this case was an unauthorized 18 second or successive petition. (Doc. 14). Petitioner filed two documents after the R&R 19 was issued but neither of those documents identifies any error in the Magistrate Judge’s 20 conclusion. Moreover, having reviewed the matter de novo, Petitioner has filed two 21 previous federal petitions. Thus, it is clear he must get authorization from the Court of 22 Appeals before pursuing his claims. 28 U.S.C. § 2244(b)(3)(A). 23 Accordingly, 24 IT IS ORDERED the Report and Recommendation (Doc. 14) is ADOPTED IN 25 26 27 28 FULL and the Motion for Extension of Time (Doc. 13) is DENIED. IT IS FURTHER ORDERED the Clerk of Court is directed to transfer the petition to the Ninth Circuit pursuant to Ninth Circuit Rule 22-3 and close this case. IT IS FURTHER ORDERED in the event Petitioner files an appeal, the Court 1 declines to issue a certificate of appealability because reasonable jurists would not find 2 the Court’s procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 3 (2000). 4 Dated this 30th day of July, 2015. 5 6 7 Honorable Roslyn O. Silver Senior 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 -2-

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