Horton v. Jacobs et al

Filing 19

ORDER ADOPTING IN FULL 17 REPORT AND RECOMMENDATION and the Petition for Writ of Habeas Corpus (Doc. 1 ) is DISMISSED WITHOUT PREJUDICE. FURTHER ORDERED a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because dismissal of the petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable. Signed by Senior Judge Roslyn O Silver on 4/3/18. (EJA)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Daniel Horton,

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Petitioner,

No. CV-16-03156-PHX-ROS
ORDER

v.

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Anne Jacobs, et al.,
Respondents.
On February 26, 2018, Magistrate Judge Eileen S. Willett issued a Report and
Recommendation concluding the Petition for Writ of Habeas Corpus should be dismissed
with prejudice. (Doc. 17). Petitioner did not file any objections. Therefore, the Report
and Recommendation will be adopted in full.
Accordingly,
IT IS ORDERED the Report and Recommendation (Doc. 17) is ADOPTED IN
FULL and the Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED WITHOUT
PREJUDICE.
IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed
in forma pauperis on appeal are denied because dismissal of the petition is justified by a
plain procedural bar and reasonable jurists would not find the ruling debatable.
Dated this 3rd day of April, 2018.

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Honorable Roslyn O. Silver
Senior United States District Judge