Borggreen #133582 v. Ryan et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED adopting the 22 Report and Recommendation of the Magistrate Judge as the order of this Court. IT IS FURTHER ORDERED denying the 1 Petition for Writ of Habeas Corpus and dismissing it wit h prejudice. IT IS FURTHER ORDERED denying any Certificate of Appealability and leave to proceed in forma pauperis on appeal because Petitioner has not made a substantial showing of the denial of a constitutional right. IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. Signed by Judge Susan R Bolton on 7/7/16. (KGM)

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NOT FOR PUBLICATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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David Alan Borggreen,
Petitioner,

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ORDER

v.

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No. CV-15-00916-PHX-SRB

Charles L Ryan, et al.,

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Respondents.
Petitioner filed his Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. §

15 2254 on May 20, 2015 raising two grounds for relief: 1) that his term of supervision after
16 the completion of his sentence violates his rights to equal protection and to be free from
17 double jeopardy; and 2) the trial court illegally changed his term of probation from
18 concurrent to consecutive. Respondents filed their Response to Petitioner’s Petition for
19 Writ of Habeas Corpus on May 5, 2016. Petitioner filed his reply on May 26, 2016. On
20 June 14, 2016, the Magistrate Judge issued her Report and Recommendation
21 recommending that the petition be denied.
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In hes Report and Recommendation the Magistrate Judge advised the parties that

23 they had fourteen days from the date of service of a copy of the Report and
24 Recommendation within which to file specific written objections with the Court. The time
25 to file such objections has expired and no objections to the Report and Recommendation
26 have been filed.
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The Court finds itself in agreement with the Report and Recommendation of the
Magistrate Judge.

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IT IS ORDERED adopting the Report and Recommendation of the Magistrate
Judge as the order of this Court.
IT IS FURTHER ORDERED denying the Petition for Writ of Habeas Corpus
and dismissing it with prejudice.

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IT IS FURTHER ORDERED denying any Certificate of Appealability and leave

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to proceed in forma pauperis on appeal because Petitioner has not made a substantial

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showing of the denial of a constitutional right.

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IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly.

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Dated this 7th day of July, 2016.

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