Bluhm v. Thornell et al
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 14) as the Order of this Court. Petitioner's Petition (Doc. 1 ) is dismissed without prejudice to Petitioner filing a successive habeas petition in this Court upon obtaining the necessary authoriza tion from the Ninth Circuit Court of Appeals. IT IS FURTHER ORDERED denying a certificate of appealability and leave to proceed in forma pauperis on appeal because dismissal of the Petition is justified by a plain procedural bar. The Clerk of Court shall terminate this action and enter judgment accordingly. Signed by Judge Diane J Humetewa on 1/27/2025. (KJ)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Michael Bluhm,
Petitioner,
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v.
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Ryan Thornell, et al.,
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No. CV-24-08108-PCT-DJH
ORDER
Respondents.
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Before the Court is the December 20, 2024, Report and Recommendation
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(“R&R”) of United States Magistrate Judge Elieen S. Willett (Doc. 14). Judge Willett
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recommends that this Court deny, without prejudice, Petitioner Michael Bluhm’s Petition
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for Writ of Habeas Corpus (the “Petition”) (Doc. 1), filed pursuant to 28 U.S.C. § 2254,
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for lack of subject-matter jurisdiction. Judge Willett informed the parties that they had
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fourteen (14) days from which to file objections to the R&R. (Doc. 14 at 5). No
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objections have been filed.
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recommendations.
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Accordingly,
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IT IS ORDERED that the R&R (Doc. 14) is adopted as the Order of this Court.
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Petitioner’s Petition (Doc. 1) is dismissed without prejudice to Petitioner filing a
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successive habeas petition in this Court upon obtaining the necessary authorization from
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the Ninth Circuit Court of Appeals.
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The Court has reviewed the R&R and agrees with its
IT IS FURTHER ORDERED denying a certificate of appealability and leave to
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proceed in forma pauperis on appeal because dismissal of the Petition is justified by a
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plain procedural bar.
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IT IS FINALLY ORDERED that that the Clerk of Court shall terminate this
action and enter judgment accordingly.
Dated this 27th day of January, 2025.
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Honorable Diane J. Humetewa
United States District Judge
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