Valdez v. Thornell et al

Filing 16

ORDER that the R&R 15 is adopted as the Order of this Court. Petitioner's Petition 1 is denied. FURTHER ORDERED denying a certificate of appealability and leave to proceed in forma pauperis on appeal because dismissal of the Petition is just ified by a plain procedural bar and because he has not made a substantial showing of the denial of a constitutional right. The Clerk of Court shall terminate this action and enter judgment accordingly. Signed by Judge Diane J Humetewa on 1/28/2025. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Efrain Olague Valdez,
Petitioner,

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v.

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Ryan Thornell, et al.,

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No. CV-23-02015-PHX-DJH
ORDER

Respondents.

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Before the Court is the September 24, 2024, Report and Recommendation

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(“R&R”) of United States Magistrate Judge Camille D. Bibles (Doc. 15). Judge Bibles

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recommends that this Court deny Petitioner Efrain Olague Valez’s (“Petitioner”) Petition

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for Writ of Habeas Corpus (the “Petition”) (Doc. 1), filed pursuant to 28 U.S.C. § 2254.

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Judge Bibles informed the parties that they had fourteen (14) days from which to file

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objections to the R&R. (Doc. 15 at 21). No objections have been filed and the time to do

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so has long passed. The Court has nonetheless reviewed the R&R and agrees with its

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conclusions and recommendations.

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Accordingly,

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IT IS ORDERED that the R&R (Doc. 15) is adopted as the Order of this Court.

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Petitioner’s Petition (Doc. 1) is denied.

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IT IS FURTHER ORDERED denying a certificate of appealability and leave to

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proceed in forma pauperis on appeal because dismissal of the Petition is justified by a

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plain procedural bar and because he has not made a substantial showing of the denial of a

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constitutional right.
IT IS FINALLY ORDERED that that the Clerk of Court shall terminate this
action and enter judgment accordingly.
Dated this 28th day of January, 2025.

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Honorable Diane J. Humetewa
United States District Judge

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