Helie v. Arizona, State of
ORDER ADOPTING REPORT AND RECOMMENDATION re: 43 Report and Recommendation. Having considered the issuance of a Certificate of Appealability from the order denying Petitioners Petition for a Writ of Habeas Corpus, the Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment denying and dismissing Petitioner's 7 Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, with prejudice, and shall terminate this action. Signed by Judge Douglas L Rayes on 11/3/2017. (ATD)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
John Jay Helie,
Charles L. Ryan, et al.,
Before the Court is the Report and Recommendation (R&R) of Magistrate Judge
John Z. Boyle, (Doc. 43), regarding Petitioner’s Petition for Writ of Habeas Corpus filed
pursuant to 28 U.S.C. § 2254, (Doc. 7). The R&R recommends that the petition be
denied and dismissed with prejudice. Magistrate Judge Boyle advised the parties that
they had fourteen days to file objections to the R&R. (Doc. 43 at 19-20 (citing 28 U.S.C.
§ 636(b)(1); Fed. R. Civ. P. 6, 72).) Petitioner filed his “Notice of Objection to Report
and Recommendation of Petition for Writ of Habeas Corpus” on September 8, 2017.
The Court has considered the objections and reviewed the R&R de novo. See Fed.
R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that the court must make a de novo
determination of those portions of the R&R to which specific objections are made). The
Court agrees with Magistrate Judge Boyle’s determinations, accepts the recommended
decision within the meaning of Rule 72(b), and overrules Petitioner’s objections. See 28
U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole
or in part, the findings or recommendations made by the magistrate judge”).
IT IS ORDERED that R&R (Doc. 43) is accepted.
Having considered the
issuance of a Certificate of Appealability from the order denying Petitioner’s Petition for
a Writ of Habeas Corpus, the Certificate of Appealability and leave to proceed in forma
pauperis on appeal are DENIED.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
denying and dismissing Petitioner’s Petition for Writ of Habeas Corpus filed pursuant to
28 U.S.C. § 2254, (Doc. 7), with prejudice, and shall terminate this action.
Dated this 3rd day of November, 2017.
Douglas L. Rayes
United States District Judge
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