Jack v. Ryan et al
Filing
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ORDER ADOPTING 17 The Magistrate Judge's Report and the petitioner's Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody is denied and is dismissed with prejudice. IT IS FURTHER ORDERED that n o certificate of appealability shall issue and that leave to appeal in forma pauperis is denied because dismissal of the habeas petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. The Clerk of the Court shall enter judgment. Signed by Senior Judge Paul G Rosenblatt on 8/16/16. (LSP)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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William Carl Jack, Jr.,
Petitioner,
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vs.
Charles L. Ryan, et al.,
Respondents.
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No. CV-15-01598-PHX-PGR (MHB)
ORDER
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Having reviewed de novo the Report and Recommendation of Magistrate
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Judge Burns notwithstanding that no party has filed any objection to the Report and
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Recommendation, the Court finds that the Magistrate Judge correctly determined
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that the petitioner’s habeas petition, filed pursuant to 28 U.S.C. § 2254, should be
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dismissed with prejudice because the petitioner did not exhaust any of the claims
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raised in his habeas petition and he has not demonstrated either cause or prejudice
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to excuse his procedural default, and he has not shown any fundamental
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miscarriage of justice, and he has not raised a Martinez claim. Therefore,
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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation
(Doc. 17) is accepted and adopted by the Court.
IT IS FURTHER ORDERED that the petitioner’s Petition Under 28 U.S.C. §
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2254 for a Writ of Habeas Corpus by a Person in State Custody is denied and is
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dismissed with prejudice.
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IT IS FURTHER ORDERED that no certificate of appealability shall issue and
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that leave to appeal in forma pauperis is denied because dismissal of the habeas
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petition is justified by a plain procedural bar and jurists of reason would not find the
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procedural ruling debatable.
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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.
DATED this 16th day of August, 2016.
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