Jean v. Arpaio et al

Filing 20

ORDER ADOPTING 19 the Magistrate Judge's Report and Recommendation. The petitioner's Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody is denied and is dismissed with prejudice. IT IS ORDERED that no certificate of appealability shall issue and that leave to appeal in forma pauperis is denied because dismissal of the habeas petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. The Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 12/14/15. (EJA)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Wilson Yazzie Jean,
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Petitioner,
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vs.
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Joseph M. Arpaio, et al.,
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Respondents.
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No. CV-14-08199-PCT-PGR (DKD)
ORDER

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Having reviewed de novo the Report and Recommendation of Magistrate Judge

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Duncan notwithstanding that no party has filed any objection to the Report and

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Recommendation, the Court finds that the Magistrate Judge correctly determined that the

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petitioner’s habeas petition, filed pursuant to 28 U.S.C. § 2254, should be dismissed with

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prejudice because the petitioner did not exhaust any of the claims raised in his habeas

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petition and he has not demonstrated either cause or prejudice to excuse his procedural

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default, and he has not shown any miscarriage of justice. Therefore,

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 19)
is accepted and adopted by the Court.
IT IS FURTHER ORDERED that the petitioner’s Petition Under 28 U.S.C. § 2254 for
a Writ of Habeas Corpus by a Person in State Custody is denied and is dismissed with

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prejudice.

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IT IS FURTHER ORDERED that no certificate of appealability shall issue and that

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leave to appeal in forma pauperis is denied because dismissal of the habeas petition is

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justified by a plain procedural bar and jurists of reason would not find the procedural ruling

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debatable.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.

DATED this 14th day of December, 2015.

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