Helie v. Arizona, State of

Filing 46

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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John Jay Helie,

No. CV-15-08168-PCT-DLR
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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Before the Court is the Report and Recommendation (R&R) of Magistrate Judge

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John Z. Boyle, (Doc. 43), regarding Petitioner’s Petition for Writ of Habeas Corpus filed

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pursuant to 28 U.S.C. § 2254, (Doc. 7). The R&R recommends that the petition be

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denied and dismissed with prejudice. Magistrate Judge Boyle advised the parties that

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they had fourteen days to file objections to the R&R. (Doc. 43 at 19-20 (citing 28 U.S.C.

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§ 636(b)(1); Fed. R. Civ. P. 6, 72).) Petitioner filed his “Notice of Objection to Report

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and Recommendation of Petition for Writ of Habeas Corpus” on September 8, 2017.

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(Doc. 44.)

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The Court has considered the objections and reviewed the R&R de novo. See Fed.

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R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that the court must make a de novo

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determination of those portions of the R&R to which specific objections are made). The

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Court agrees with Magistrate Judge Boyle’s determinations, accepts the recommended

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decision within the meaning of Rule 72(b), 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 judge”).
IT IS ORDERED that R&R (Doc. 43) is accepted.

Having considered the

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issuance of a Certificate of Appealability from the order denying Petitioner’s Petition for

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a Writ of Habeas Corpus, the Certificate of Appealability and leave to proceed in forma

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pauperis on appeal are DENIED.

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

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denying and dismissing Petitioner’s Petition for Writ of Habeas Corpus filed pursuant to

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28 U.S.C. § 2254, (Doc. 7), with prejudice, and shall terminate this action.

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Dated this 3rd day of November, 2017.

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Douglas L. Rayes
United States District Judge

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