Mohsen v. Graber

Filing 16

ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS: The Report and Recommendation is accepted and adopted. Petitioners §2241 habeas petition is denied and this case is dismissed with prejudice. A Certificate of Appealability is denied and shall not issue. The Clerk of the Court shall enter judgment accordingly and close the file in this matter. Signed by Judge Jennifer G Zipps on 1/9/13. (BAC)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE DISTRICT OF ARIZONA 7 8 No. CV-11-566-TUC-JGZ (LAB) Amr M. Mohsen, 9 Petitioner, 10 vs. 11 ORDER Conrad M. Graber, 12 Respondent. 13 14 Pending before the Court is a Report and Recommendation issued by United 15 States Magistrate Judge Leslie A. Bowman that recommends denying Petitioner’s habeas 16 petition filed pursuant to 28 U.S.C. §2241. (Doc. 14.) As thoroughly explained by 17 Magistrate Judge Bowman, Petitioner is not entitled to relief as his petition is without 18 merit. As Petitioner’s objections do not undermine the analysis and proper conclusion 19 reached by Magistrate Judge Bowman, Petitioner’s objections are rejected and the Report 20 and Recommendation is adopted. 21 Before Petitioner can appeal this Court's judgment, a certificate of appealability 22 must issue. See 28 U.S.C. §2253(c) and Fed. R. App. P. 22(b)(1). Federal Rule of 23 Appellate Procedure 22(b) requires the district court that rendered a judgment denying 24 the petition made pursuant to 28 U.S.C. §2241 to "either issue a certificate of 25 appealability or state why a certificate should not issue." 26 27 28 Additionally, 28 U.S.C. §2253(c)(2) provides that a certificate may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." In the certificate, the court must indicate which specific issues satisfy this showing. See 28 U.S.C. §2253(c)(3). A 1 substantial showing is made when the resolution of an issue of appeal is debatable among 2 reasonable jurists, if courts could resolve the issues differently, or if the issue deserves 3 further proceedings. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). Upon review 4 of the record in light of the standards for granting a certificate of appealability, the Court 5 concludes that a certificate shall not issue as the resolution of the petition is not debatable 6 among reasonable jurists and does not deserve further proceedings. 7 Accordingly, IT IS HEREBY ORDERED as follows: 8 (1) The Report and Recommendation (Doc. 14) is accepted and adopted. 9 (2) Petitioner’s §2241 habeas petition is denied and this case is dismissed with 10 prejudice. 11 (3) A Certificate of Appealability is denied and shall not issue. 12 (4) The Clerk of the Court shall enter judgment accordingly and close the file in this 13 14 matter. Dated this 9th day of January, 2013. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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