Blunk v. Ryan et al

Filing 20

ORDER and Granting of Certificate of Appealability and In Forma Pauperis Status: the Report and Recommendation of the Magistrate Judge 18 is accepted; the Clerk shall enter judgment dismissing Petitioner's Petition for Writ of Habeas Corpus 1 with prejudice; the Clerk shall terminate this action; a Certificate of Appealability is granted. Signed by Senior Judge Neil V Wake on 12/23/16. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV-16-8101-PCT-NVW (JFM)

Daniel Blunk,

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Petitioner,

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v.

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Charles L. Ryan, et al.,

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Respondents.

ORDER
and
GRANTING OF CERTIFICATE OF
APPEALABILITY AND IN FORMA
PAUPERIS STATUS

Pending before the Court is the Report and Recommendation (“R&R”) of

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Magistrate Judge James F. Metcalf (Doc. 18) regarding petitioner’s Petition for Writ of

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Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1). The R&R recommends that

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the Petition be dismissed with prejudice. The Magistrate Judge advised the parties that

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they had fourteen days to file objections to the R&R. (R&R at 21 (citing Rule 72(b),

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Federal Rules of Civil Procedure; Rule 8(b), Rules Governing Section 2254

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Proceedings). Petitioner filed objections on December 12, 2016 (Doc. 19).

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The Court has considered the objections and reviewed the Report and

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Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that

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the court must make a de novo determination of those portions of the Report and

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Recommendation to which specific objections are made). The Court agrees with the

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Magistrate Judge’s determinations, accepts the recommended decision within the

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meaning of Rule 72(b), Fed. R. Civ. P., 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
or in part, the findings or recommendations made by the magistrate”).
IT IS THEREFORE ORDERED that Report and Recommendation of the
Magistrate Judge (Doc. 18) is accepted.
IT IS FURTHER ORDERED that the Clerk of the Court enter judgment
dismissing Petitioner’s Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. §
2254 (Doc. 1) with prejudice. The Clerk shall terminate this action.
IT IS FURTHER ORDERED that a Certificate of Appealability is granted.
Dated this 23rd day of December, 2016.

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Neil V. Wake
Senior United States District Judge

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