Bluhm v. Thornell et al

Filing 15

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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Michael Bluhm, Petitioner, 10 11 v. 12 Ryan Thornell, et al., 13 No. CV-24-08108-PCT-DJH ORDER Respondents. 14 15 Before the Court is the December 20, 2024, Report and Recommendation 16 (“R&R”) of United States Magistrate Judge Elieen S. Willett (Doc. 14). Judge Willett 17 recommends that this Court deny, without prejudice, Petitioner Michael Bluhm’s Petition 18 for Writ of Habeas Corpus (the “Petition”) (Doc. 1), filed pursuant to 28 U.S.C. § 2254, 19 for lack of subject-matter jurisdiction. Judge Willett informed the parties that they had 20 fourteen (14) days from which to file objections to the R&R. (Doc. 14 at 5). No 21 objections have been filed. 22 recommendations. 23 Accordingly, 24 IT IS ORDERED that the R&R (Doc. 14) is adopted as the Order of this Court. 25 Petitioner’s Petition (Doc. 1) is dismissed without prejudice to Petitioner filing a 26 successive habeas petition in this Court upon obtaining the necessary authorization from 27 the Ninth Circuit Court of Appeals. 28 The Court has reviewed the R&R and agrees with its IT IS FURTHER ORDERED denying a certificate of appealability and leave to 1 proceed in forma pauperis on appeal because dismissal of the Petition is justified by a 2 plain procedural bar. 3 4 5 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. 6 7 8 9 Honorable Diane J. Humetewa United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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