Lankford v. Ryan et al
MINUTE ORDER ADOPTING REPORT AND RECOMMENDATION 21 . The Petition is denied. The Clerk will please enter judgment denying the petition and dismissing it with prejudice. ORDER that this court will not grant the Certificate of Appealability nor will it grant leave to proceed on appeal in forma pauperis. (TLJ)
MINUTES OF THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Donna Rae Lankford v. Charles L. Ryan, et al.
THE HONORABLE JOHN W. SEDWICK
December 6, 2012
ORDER FROM CHAMBERS
Donna Rae Lankford (“petitioner”) moved for a writ of habeas corpus pursuant to
28 U.S.C. § 2254. The matter was briefed, and the magistrate judge filed a report at
docket 21 in which he recommended that the petition be denied and dismissed with
prejudice. Petitioner filed her objections at docket 22.
This court may “accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). When reviewing a
magistrate judge’s recommendations in a case such as this one, this court conducts de
novo review of all recommended conclusions of law, and any recommended findings of
fact to which objections have been taken. Recommended findings of fact as to which
no objection has been taken are reviewed for clear error.
Petitioner’s objections do not raise any point not adequately addressed by the
magistrate judge in his report. Having applied the standards of review set out above,
this court finds that the recommended findings of fact and conclusions of law are correct
in all material respects. Therefore, this court adopts Magistrate Judge Voss’
recommendations at docket 21. Based on those recommendations, the petition is
DENIED. The Clerk will please enter judgment denying the petition and dismissing it
IT IS FURTHER ORDERED THAT this court will not grant the Certificate of
Appealability required by 28 U.S.C. § 2253(c), nor will it grant leave to proceed on
appeal in forma pauperis, because dismissal of the petition is clearly warranted by a
plain procedural bar, and jurists of reason would not find the procedural bar debatable,
and as to Ground Two, Petitioner has failed to make a substantial showing of the denial
of a constitutional right. See 218 U.S.C. § 2253. If petitioner desires to take an appeal,
she must request a Certificate of Appealabilty from the Court of Appeals. See Fed. R.
App. P. 22(b)(1).
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