Jenkins v. Ryan et al

Filing 18

ORDER ADOPTING 15 Report and Recommendations. The Petition for Writ of Habeas Corpus (Doc.1) is DENIED and this action is DISMISSED WITH PREJUDICE. The issuance of a certificate of appealability is DENIED. The Clerk shall enter judgment accordingly and close this case. Signed by Judge A Wallace Tashima on 2/7/12. (SMBE)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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MONTE EUGENE JENKINS,

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Petitioner,
vs.

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CHARLES L. RYAN,
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Respondent.
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No. CV 10-500-TUC-AWT
ORDER

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Pending before the court is Monte Eugene Jenkins’ Petition for Writ of Habeas
Corpus, brought pursuant to 28 U.S.C. § 2254 (Doc. 1).

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On October 24, 2011, Magistrate Judge D. Thomas Ferraro issued a Report and

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Recommendation (R&R) to this Court, recommending the denial of Jenkins’ petition (Doc.

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15). Petitioner has filed no objections to the R&R. In such circumstances, the Court will

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modify or set aside only those portions of the R&R that are clearly erroneous or contrary to

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law. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; United States v. Reyna-Tapia, 328 F.3d

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1114, 1121 (9th Cir. 2003) (en banc).

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After conducting an independent review of the record, the Court concludes that in all

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respects the R&R is not clearly erroneous or contrary to law, and therefore adopts the R&R

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in full.

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Further, the Court concludes that Jenkins has not “made a substantial showing of the

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denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). Thus, the Court declines to issue

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a certificate of appealability. See Slack v. McDaniel, 529 U.S. 473, 484 (2000).

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Accordingly, IT IS ORDERED:

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The findings and recommendations made by Magistrate Judge Ferraro

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in his October 24, 2011 Report and Recommendation (Doc 15) are

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ADOPTED IN WHOLE. The Petition for Writ of Habeas Corpus (Doc.1) is

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DENIED and this action is DISMISSED WITH PREJUDICE.

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2.

The issuance of a certificate of appealability is DENIED.

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3.

The Clerk shall enter judgment accordingly and close this case.

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DATED this 7th day of February, 2012.

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