Sanchez v. Ryan et al

Filing 25

ORDER AND DENIAL OF CERTIFICATE OF APPEALABILITY AND IN FORMA PAUPERIS STATUS that the Report of Recommendation 18 is accepted. ORDER that the Clerk of the Court enter judgment denying petitioner's Petition for Writ of Habeas Corpus 1 . The C lerk shall terminate this action. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied. ORDER denying 24 Petitioner's Request for Change of Magistrate Judge. Signed by Judge Neil V Wake on 11/19/13. (TLJ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Raymond Carrion Sanchez,
Petitioner,

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vs.

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Charles L. Ryan, et al.,

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Respondents.

No. CV-12-08195-PCT-NVW
ORDER
AND
DENIAL OFCERTIFICATE OF
APPEALABILITY AND IN FORMA
PAUPERIS STATUS

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Pending before the Court is the Report and Recommendation (“R&R”) of

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Magistrate Judge Lawrence O. Anderson. (Doc. 18) regarding petitioner’s Petition for

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Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1).

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recommends that the Petition be denied. The Magistrate Judge advised the parties that

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they had fourteen days to file objections to the R&R. (R&R at P. 13 ln. 2) (citing 28

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U.S.C. § 636(b)). Petitioner filed objections on November 18, 2013 (Doc. 22).

The R&R

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The Court has considered the objections and reviewed the Report and

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Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that

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the court must make a de novo determination of those portions of the Report and

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Recommendation to which specific objections are made). The Court agrees with the

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Magistrate Judge’s determinations, accepts the recommended decision within the

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meaning of Rule 72(b), Fed. R. Civ. P., and overrules Petitioner’s objections. See 28

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U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole

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or in part, the findings or recommendations made by the magistrate”).

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IT IS THEREFORE ORDERED that Report and Recommendation of the
Magistrate Judge (Doc. 18) is accepted.

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IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying

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petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc.

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1). The Clerk shall terminate this action.

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Having considered the issuance of a Certificate of Appealability from the order

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denying Petitioner’s Petition for a Writ of Habeas Corpus, a Certificate of Appealability

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and leave to proceed in forma pauperis on appeal are denied because of plain procedural

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bar and because Petitioner has not made a substantial showing of the denial of a

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constitutional right has been made.

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Also before the Court is Petitioner’s Request for Change of Magistrate Judge

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(Doc. 24). The Request states no legal basis for a change of the magistrate judge in this

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case. Moreover, the Request is untimely, as the Magistrate Judge has concluded his work

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on this case.

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IT IS FURTHER ORDERED that Petitioner’s Request for Change of Magistrate
Judge (Doc. 24) is denied.
Dated this 19th day of November, 2013.

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