Escobedo #246354 v. Ryan et al

Filing 14

ORDER: The Magistrate Judge's Report and Recommendation (Doc. 12 ) is accepted and adopted by the Court; 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 that thi s action is dismissed with prejudice; No certificate of appealability shall issue and that leave to appeal in forma pauperis is denied because the petitioner has not made a substantial showing of the denial of a constitutional right; The Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 2/13/2017. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Shaun Chase Escobedo
Petitioner,

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vs.
Charles L. Ryan, et al.,
Respondents.

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No. CV-16-00044-PHX-PGR (JZB)
ORDER

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Having reviewed de novo the Report and Recommendation of Magistrate

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Judge Boyle notwithstanding that no party has filed an objection to the Report and

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Recommendation, the Court finds that the Magistrate Judge correctly concluded that

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the petitioner’s habeas petition, filed pursuant to 28 U.S.C. § 2254, should be denied

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because the petitioner’s first claim of ineffective assistance of counsel (Ground One)

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fails on its merits and his second claim of ineffective assistance of counsel (Ground

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Two) fails because the petitioner does not establish that the state court ruling was

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contrary to clearly established federal law. Therefore,

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation
(Doc. 12) 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 that

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this action is 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 the petitioner has not made

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a substantial showing of the denial of a constitutional right.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.
DATED this 13th day of February, 2017.

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