Avriett v. Ryan et al
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION re: 15 Report and Recommendation and the Petition for Writ of Habeas Corpus (Doc. 1 ) is DENIED with prejudice. Petitioner's 13 Motion for Stay and Abey is DENIED. A certificate of appealability and leave to proceed in forma pauperis on appeal are DENIED because the dismissal of the petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Senior Judge Roslyn O Silver on 9/29/17. (DXD)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Tyrone Dejon Avriett,
Petitioner,
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ORDER
v.
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No. CV-16-04265-PHX-ROS
Charles L Ryan, et al.,
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Respondents.
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On May 19, 2016, Magistrate Judge Michelle Burns issued a Report and
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Recommendation (“R&R”) recommending the petitioner’s motion for stay and abey be
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denied. (Doc. 15.) The R&R also recommended the petition for writ of habeas corpus be
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denied and dismissed with prejudice. (Id.) No objections were filed.
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A district judge “may accept, reject, or modify, in whole or in part, the findings or
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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party
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has filed timely objections to the R&R, the district court’s review of the part objected to
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must be de novo. Id. If, however, no objections are filed, the district court need not
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conduct such a review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz.
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2003). No objections having been filed, the R&R will be adopted in full.
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Accordingly,
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IT IS ORDERED the Report and Recommendation (Doc. 15) is ADOPTED and
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the petition for writ of habeas corpus (Doc. 1) is DENIED with prejudice.
IT IS FURTHER ORDERED petitioner’s motion for stay and abey is DENIED.
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IT IS FURTHER ORDERED a certificate of appealability and leave to proceed
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in forma pauperis on appeal are DENIED because the dismissal of the petition is justified
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by a plain procedural bar and jurists of reason would not find the procedural ruling
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debatable.
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Dated this 29th day of September, 2017.
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Honorable Roslyn O. Silver
Senior United States District Judge
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