Parker v. Ryan et al

Filing 20

ORDER ADOPTING 19 REPORT AND RECOMMENDATION. IT IS ORDERED that Magistrate Judge Rateau's Report and Recommendation is ADOPTED and Petitioner's 1 Petition for Writ of Habeas Corpus is DISMISSED. A certificate of appealability is DENIED. Clerk of Court shall enter judgment accordingly and close the file in this action. Signed by Judge Jennifer G Zipps on 6/1/20. (BAC)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Eddie Parker,

No. CV-18-1492-PHX-JGZ
Petitioner,

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v.

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ORDER

David Shinn, et al.,

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Respondents.

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Pending before the Court is a Report and Recommendation issued by United States

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Magistrate Judge Jacqueline M. Rateau. (Doc 19.) Magistrate Judge Rateau recommends

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dismissing Petitioner’s § 2254 Petition for Writ of Habeas Corpus as time-barred without

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excuse. (Id.) Magistrate Judge Rateau also recommends that the Court deny a certificate

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of appealability. (Id. at p. 11.)

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A review of the record reflects that the parties have not filed any objections to the

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Report and Recommendation and the time to file objections has expired. As such, the

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Court will not consider any objections or new evidence.

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Upon review of the record, the Court will adopt Magistrate Judge Rateau’s

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recommendations. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; Thomas v. Arn, 474 U.S.

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140, 149–54 (1985). Accordingly,

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IT IS ORDERED that:

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1.

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Magistrate Judge Rateau’s Report and Recommendation (Doc. 19) is

ADOPTED;

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2.

Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED;

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3.

A certificate of appealability is DENIED.

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4.

The Clerk of Court shall enter judgment accordingly and close the file in this

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action.
Dated this 1st day of June, 2020.

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