Evans v. Ryan et al
Filing
18
ORDER ADOPTING 16 Report and Recommendation of the Magistrate Judge. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus, a Certificate of Appealability a nd leave to proceed in forma pauperis on appeal are DENIED. The Clerk shall enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, (Doc. 1 ), with prejudice, and shall terminate this action. Signed by Judge Douglas L Rayes on 8/12/16. (LSP)
1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
Monta Joe Evans,
No. CV-16-08067-PHX-DLR
Petitioner,
10
11
v.
12
ORDER
Charles Ryan, et al.,
13
Respondents.
14
15
Before the Court is the Report and Recommendation (R&R) of Magistrate Judge
16
Bridget S. Bade, (Doc. 16), regarding Petitioner’s Petition for Writ of Habeas Corpus
17
filed pursuant to 28 U.S.C. § 2254, (Doc. 1). The R&R recommends that the petition be
18
denied and dismissed with prejudice. The Magistrate Judge advised the parties that they
19
had fourteen days to file objections to the R&R. (Doc. 16 at 4 (citing 28 U.S.C. §
20
636(b)(1); Fed. R. Civ. P. 6, 72).)
21
Recommendation on June 24, 2016. (Doc. 17.)
Petitioner filed his Objection to Report and
22
The Court has considered the objections and reviewed the R&R de novo. See Fed.
23
R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that the court must make a de novo
24
determination of those portions of the R&R to which specific objections are made). The
25
Court agrees with the Magistrate Judge’s determinations, accepts the recommended
26
decision within the meaning of Rule 72(b), and overrules Petitioner’s objections. See 28
27
U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole
28
or in part, the findings or recommendations made by the magistrate”). Petitioner has
1
failed to show that the state court has refused, or will refuse to rule on his Rule 32,
2
Petition for Post-Conviction Relief, should he file one. Petitioner has failed to show any
3
factual or legal basis that failure to review his writ of habeas corpus will result in a
4
fundamental miscarriage of justice. Petitioner has failed to establish that he is entitled to
5
the appointment of counsel.
6
IT IS ORDERED that the Report and Recommendation of the Magistrate Judge,
7
(Doc.16), is ACCEPTED.
Having considered the issuance of a Certificate of
8
Appealability from the order denying Petitioner’s Petition for a Writ of Habeas Corpus, a
9
Certificate of Appealability and leave to proceed in forma pauperis on appeal are
10
DENIED.
The Clerk of the Court shall enter judgment denying and dismissing
11
Petitioner’s Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, (Doc.
12
1), with prejudice, and shall terminate this action.
13
Dated this 12th day of August, 2016.
14
15
16
17
18
Douglas L. Rayes
United States District Judge
19
20
21
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?