Pauley v. Arizona, State of

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATION. 24 Report and Recommendation. Petitioner Theodore Joseph Pauleys 6 petition for writ of habeas corpus is DENIED. This order shall serve as the Courts Judgment under Fed. R. Civ. P. 58(a). The Clerk is directed to close the case. Signed by Judge A Wallace Tashima on 4/3/14. (SMBE)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 THEODORE JOSEPH PAULEY, 10 Petitioner, 11 vs. 12 CHARLES L. RYAN; et al., 13 Respondents. 14 15 ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV 10-390 TUC AWT (LAB) ORDER ADOPTING REPORT AND RECOMMENDATION 16 Petitioner Theodore Joseph Pauley, presently incarcerated in the Arizona State 17 Prison-Meadows Unit, in Florence, Arizona, brings this pro se petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. This Court referred the matter to United 19 States Magistrate Judge Leslie A. Bowman for pretrial proceedings and a report and 20 recommendation. Doc. 22. 21 Magistrate Judge Bowman issued her Report and Recommendation (R&R) on 22 December 17, 2013, recommending that the Court deny Pauley’s petition for a writ of 23 habeas corpus. Doc. 24. On January 21, 2014, Pauley filed an objection to the R&R. 24 Doc. 28. 25 Having made an independent review of the record, this Court agrees with the 26 findings of Magistrate Judge Bowman, as set out in her R&R. Accordingly, 27 28 1 IT IS ORDERED: 2 1. 3 4 5 6 7 The Magistrate Judge’s Report and Recommendation of December 17, 2013 (Doc. 24) is adopted. 2. Petitioner Theodore Joseph Pauley’s petition for writ of habeas corpus is DENIED. 3. This order shall serve as the Court’s Judgment under Fed. R. Civ. P. 58(a). The Clerk is directed to close the case. 8 9 DATED: this 3rd day of April, 2014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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