Long v. Ryan et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION 16 . It is further ordered the Petition for Writ of Habeas Corpus 1 is DENIED and this action is hereby DISMISSED and the Clerk of Court is directed to enter judgment accordingly. Signed by Senior Judge Frank R Zapata on 3/31/15. (See attached PDF for complete information.) (KAH)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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John L.J. Long,
Petitioner,

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vs.

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Charles L. Ryan, et al.,

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Respondents.

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No. CV 11-686-TUC-FRZ
ORDER

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Before the Court for consideration is a Petition for Writ of Habeas Corpus brought

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pursuant to 28 U.S.C. § 2254, pro se, by Petitioner John L.J. Long, who is confined in the

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Arizona State Prison Complex, Winchester Unit, in Tucson, Arizona and the Report and

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Recommendation of Magistrate Judge Charles R. Pyle, recommending that the District Court,

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after its independent review, deny the Petition.

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Petitioner was convicted in Pima County Superior Court of three counts of armed

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robbery, theft of the means of transportation, and two counts of robbery. He was sentenced

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to a term of a total of 21.75 years of imprisonment.

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Petitioner raises six grounds for relief: Grounds One through Four allege that

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Petitioner received ineffective assistance of counsel in violation of his Sixth and Fourteenth

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Amendment rights. Grounds Five and Six, allege violations of Petitioner’s Due Process

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rights under the Fifth and Fourteenth Amendments based on the imposition of consecutive

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sentences and consideration of invalid factors at sentencing.

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Respondents filed an answer to the Petition, to which Petitioner filed a reply.

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This matter was referred to Magistrate Judge Charles R. Pyle, pursuant to the

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provisions of 28 U.S.C. § 636(b), Rule 72, Fed.R.Civ.P., and Local Rules 72.1 and 72.2 of

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the Rules of Practice of the United States District Court for the District of Arizona, for

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further proceedings and Report and Recommendation.

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Magistrate Judge Pyle issued his Report and Recommendation, recommending:

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. . . that the District Court, after its independent review, enter an Order: (1)
finding that Petitioner’s federal habeas petition was timely filed; (2) denying
Petitioner’s Grounds One through Four on the merits; and (3) finding that
Grounds Five and Six are not cognizable grounds for federal habeas relief but
if considered as cognizable claims, denying Grounds Five and Six on the
merits.

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The Report and Recommendation sets forth a thorough factual background and legal

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analysis of the claims and standards at issue.

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The Report and Recommendation further advised, in relevant part, that:

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Pursuant to 28 U.S.C. § 636(b), any party may serve and file written objections
within fourteen (14) days of being served with a copy of the Report and
Recommendation.. . . If objections are not timely filed, they may be deemed
waived.. . .

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No objections were filed.

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The Court finds, after consideration of all matters presented and an independent

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review of the record herein, including the Petition Under 28 U.S.C. § 2254 for a Writ of

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Habeas Corpus (Doc. 1); Answer to Petition for Writ of Habeas Corpus (Doc. 11); Reply to

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Respondents Answer (Doc. 13) and the Report and Recommendation (Doc 16), that the

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Petition for a Writ of Habeas Corpus shall be denied and this action be dismissed in

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accordance with the Report and Recommendation.

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Based on the foregoing,

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IT IS HEREBY ORDERED that the Report and Recommendation (Doc. 16) is

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hereby ACCEPTED and ADOPTED as the findings of fact and conclusions of law by this

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Court;
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IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (Doc. 1)
is DENIED and this action is hereby DISMISSED;
IT IS FURTHER ORDERED that the Clerk of Court is directed to enter judgment
accordingly.

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DATED this 31st day of March, 2015.

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