Galeazzi v. Ryan et al

Filing 16

ORDER ADOPTING IN FULL 13 Report and Recommendation. The Petition for Writ of Habeas Corpus (Doc. 1 ) is DENIED. ORDERED the Motion/Request for Certificate of Appealability (Doc. 14 ) is DENIED. FURTHER ORDERED that a Certificate of Appealabil ity and leave to proceed in forma pauperis on appeal are DENIED because dismissal of portions of the petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable and other portions of the petition do not make a substantial showing of the denial of a constitutional right. Signed by Senior Judge Roslyn O Silver on 5/1/17. (EJA)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Steve Galeazzi, Petitioner, 10 11 ORDER v. 12 No. CV-16-02510-PHX-ROS Charles L Ryan, et al., 13 Respondents. 14 15 On March 23, 2017, Magistrate Judge James F. Metcalf issued a Report and 16 Recommendation (“R&R”) recommending the Court deny Petitioner Steve Galeazzi’s 17 petition for writ of habeas corpus. The R&R further recommended the Court not issue a 18 Certificate of Appealability. Petitioner did not file objections but, on April 3, 2017, he 19 filed a document titled “Motion to Request a Certificate of Appealability.” That motion 20 requests the petition “be moved to the 9th Circuit Court of Appeals.” (Doc. 14). The 21 motion does not, however, explain why Petitioner believes a Certificate of Appealability 22 is merited nor does it contain any indication how Petitioner disagrees with the R&R. 23 Because Petitioner did not file any meaningful objections, the R&R will be adopted in 24 full, including the recommendation that a Certificate of Appealability be denied. See 25 Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003). 26 Accordingly, 27 IT IS ORDERED the Report and Recommendation (Doc. 13) is ADOPTED IN 28 FULL. The Petition for Writ of Habeas Corpus (Doc. 1) is DENIED. 1 2 IT IS FURTHER ORDERED the Motion/Request for Certificate of Appealability (Doc. 14) is DENIED. 3 IT IS FURTHER ORDERED that a Certificate of Appealability and leave to 4 proceed in forma pauperis on appeal are DENIED because dismissal of portions of the 5 petition is justified by a plain procedural bar and jurists of reason would not find the 6 procedural ruling debatable and other portions of the petition do not make a substantial 7 showing of the denial of a constitutional right. 8 Dated this 1st day of May, 2017. 9 10 11 Honorable Roslyn O. Silver Senior United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?