Kual-Arob #220188 v. Ryan et al

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATION re: 36 Report and Recommendation. Petitioner's Amended Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody (Doc. 15 ) is denied and that this action is dism issed with prejudice. A Certificate of Appealability shall not issue and that leave to appeal in forma pauperis is denied because the dismissal of the petitioners amended habeas petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable. The Clerk shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 9/22/17. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Makale Deng Kual-Arob,
Petitioner,

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

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No. CV-17-00419-PHX-PGR (JFM)
ORDER

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Having reviewed de novo the Report and Recommendation of Magistrate

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Judge Metcalf notwithstanding that no party has filed any objections to the Report

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and Recommendation and the time for doing so has expired, the Court finds that the

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Magistrate Judge correctly concluded that the petitioner’s amended habeas petition,

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filed pursuant to 28 U.S.C. § 2254, should be dismissed because the petitioner has

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procedurally defaulted his state remedies on all of his grounds for relief, and he has

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failed to show any cause or actual innocence to excuse his procedural defaults.

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Therefore,

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation
(Doc. 36) is accepted and adopted by the Court.
IT IS FURTHER ORDERED that the petitioner’s Amended Petition Under 28

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U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody (Doc. 15)

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is denied and that this action is dismissed with prejudice.

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IT IS FURTHER ORDERED that a Certificate of Appealability shall not issue

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and that leave to appeal in forma pauperis is denied because the dismissal of the

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petitioner’s amended habeas petition is justified by a plain procedural bar and

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reasonable jurists would not find the ruling debatable.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.
DATED this 22nd day of September, 2017.

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