Hadnot v. Ryan et al

Filing 14

ORDER ACCEPTING and ADOPTING 13 Magistrate Judge's Report and Recommendation. ORDERED that petitioner's Amended Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody (Doc. 7 ) is denied and that this action is dismissed. The Clerk of the Court shall enter judgment accordingly. FURTHER ORDERED that no certificate of appealability shall be issued and that the petitioner is not entitled to appeal in forma pauperis because dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the procedural ruling debatable. Signed by Senior Judge Paul G Rosenblatt on 4/26/16. (EJA)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Illya D. Hadnot,

No. CV-15-08160-PCT-PGR
Petitioner,

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v.

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ORDER

Charles L. Ryan, et al.,

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Respondents.

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The Court having reviewed de novo the Report and Recommendation (Doc. 13) of

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Magistrate Judge Bridget S. Bade, filed on February 23, 2016, notwithstanding that no

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party has filed an objection to the Report and Recommendation,
IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc.

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13) is accepted and adopted by the Court.

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IT IS FURTHER ORDERED that the petitioner’s Amended Petition Under 28

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U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody (Doc. 7) is

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denied and that this action is dismissed. The Clerk of the Court shall enter judgment

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accordingly.
IT IS FURTHER ORDERED that no certificate of appealability shall be issued

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and that the petitioner is not entitled to appeal in forma pauperis because dismissal of the
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Petition is justified by a plain procedural bar and reasonable jurists would not find the

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procedural ruling debatable.

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Dated this 26th day of April, 2016.

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