Cohn #288721 v. Arizona, State of

Filing 57

ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED that Report and Recommendation of the Magistrate Judge, (Doc. 53 ), is accepted. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Peti tion for a Writ of Habeas Corpus, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because dismissal of the Petition is justified by a plain procedural bar. IT IS FURTHER ORDERED that the Clerk of the Cou rt enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, (Doc. 10), with prejudice. The Clerk shall terminate this action. Signed by Judge Douglas L Rayes on 3/17/16. (KGM)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Michael J. Cohn,

No. CV-15-00267-PHX-DLR
Petitioner,

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v.

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ORDER

Arizona, State of,

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Respondent.

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Pending before this Court is the Report and Recommendation (“R&R”) of

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Magistrate Judge Eileen S. Willett, (Doc. 53), regarding petitioner’s Amended Petition

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for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, (Doc. 10). The R&R

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recommends that the Petition be denied and dismissed with prejudice. The Magistrate

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Judge advised the parties that they had fourteen days to file objections to the R&R. (Doc.

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53 at 11 (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72).) Petitioner filed objections

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on February 25, 2016. (Doc. 55.)

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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 ORDERED that Report and Recommendation of the Magistrate Judge,

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(Doc. 53), is accepted. Having considered the issuance of a Certificate of Appealability

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from the order denying Petitioner’s Petition for a Writ of Habeas Corpus, a Certificate of

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Appealability and leave to proceed in forma pauperis on appeal are DENIED because

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dismissal of the Petition is justified by a plain procedural bar.

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

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and dismissing Petitioner’s Petition for Writ of Habeas Corpus filed pursuant to 28

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U.S.C. § 2254, (Doc. 10), with prejudice. The Clerk shall terminate this action.

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Dated this 17th day of March, 2016.

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Douglas L. Rayes
United States District Judge

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