Millan-Camacho v. Ryan et al

Filing 16

ORDER adopting the 15 Report and Recommendation of the Magistrate Judge as the order of this Court. The Petition for Writ of Habeas Corpus is denied and dismissed with prejudice. IT IS FURTHER ORDERED denying any Certificate of Appealability a nd leave to proceed in forma pauperis on appeal because dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the procedural ruling debatable. The Clerk is directed to enter judgment accordingly. Signed by Judge Susan R Bolton on 11/12/2015. (ATD)

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NOT FOR PUBLICATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jose Luis Millan-Camacho,
Petitioner,

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ORDER

v.

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No. CV-15-08031-PCT-SRB

Charles L Ryan, et al.,

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Respondents.
Petitioner filed his Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. §

15 2254 on March 11, 2015 raising two grounds for relief: 1) ineffective assistance of trial
16 counsel; and 2) that he is an “immigrant or alien and not understanding the law.”
17 Respondents filed their Response to Petitioner’s Petition for Writ of Habeas Corpus on
18 August 18, 2015. No reply was filed. On October 20, 2015, the Magistrate Judge issued her
19 Report and Recommendation recommending that the petition be denied.
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In her Report and Recommendation the Magistrate Judge advised the parties that

21 they had fourteen days from the date of service of a copy of the Report and
22 Recommendation within which to file specific written objections with the Court. The time
23 to file such objections has expired and no objections to the Report and Recommendation
24 have been filed.
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The Court finds itself in agreement with the Report and Recommendation of the
Magistrate Judge.
IT IS ORDERED adopting the Report and Recommendation of the Magistrate
Judge as the order of this Court.

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IT IS FURTHER ORDERED denying the Petition for Writ of Habeas Corpus
and dismissing it with prejudice.

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IT IS FURTHER ORDERED denying any Certificate of Appealability and leave

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

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plain procedural bar and reasonable jurists would not find the procedural ruling

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debatable.

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IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly.

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Dated this 12th day of November, 2015.

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