Brumfield #139790 v. Ryan et al

Filing 16

ORDER ADOPTING 14 REPORT AND RECOMMENDATION: IT IS ORDERED denying and dismissing the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. IT IS FURTHER ORDERED denying a certificate of appealability and leave to proceed in form a pauperis on appeal in this matter because dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable. The Clerk of Court shall close this matter. Signed by Judge John J Tuchi on 10/31/16. (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NOT FOR PUBLICATION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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Jahmmal Terrel Brumfield,
Petitioner,

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ORDER

v.

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No. CV-15-01891-PHX-JJT

Charles L. Ryan, et al.,

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Respondents.

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At issue is the Report and Recommendation (R&R) (Doc. 14) entered by United

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States Magistrate Judge Eileen S. Willett in this matter recommending that the Court

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deny and dismiss the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 as

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procedurally defaulted. Petitioner filed no objection to the R&R and the time to do so has

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now passed. As the R&R warned, Petitioner’s failure to object results in the Court

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accepting the R&R without further review, and issuing an order of judgment pursuant to

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those recommendations. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

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2003).

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Even were the Court to conduct further review, the R&R correctly concluded that

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Petitioner admittedly never raised any of the grounds in his Petition to the state court for

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post-conviction review and they are therefore not exhausted, and now are procedurally

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defaulted. The Court therefore must deny and dismiss the Petition.

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IT IS ORDERED denying and dismissing the Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2254.

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IT IS FURTHER ORDERED denying a certificate of appealability and leave to

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proceed in forma pauperis on appeal in this matter because dismissal of the Petition is

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justified by a plain procedural bar and reasonable jurists would not find the ruling

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debatable. The Clerk of Court shall close this matter.

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Dated this 31st day of October, 2016.

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Honorable John J. Tuchi
United States District Judge

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