Hollie v. Ryan et al

Filing 16

ORDER ADOPTING 14 Report and Recommendations. Petition for Writ of Habeas Corpus (Doc. 1) is DENIED and this action is DISMISSED with prejudice; judgment to be entered accordingly. Signed by Senior Judge Frank R Zapata on 3/7/13. (SMBE)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Marvin Hollie Jr,
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 11-810-TUC-FRZ (JR)
ORDER

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Before the Court for consideration is Petitioner Marvin Hollie Jr.’s Petition for Writ
of Habeas Corpus filed pursuant to 28 U.S.C. § 2254.

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Pursuant to 28 U.S.C. § 636(b)(1) and LRCiv 72.1 and 72.2, Rules of Practice of the

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United States District Court for the District of Arizona, this matter was referred to Magistrate

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Judge Jacqueline M. Rateau for further proceedings and report and recommendation.

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Magistrate Judge Rateau issued her Report and Recommendation on February 11,

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2013, recommending that the District Court, after its independent review, dismiss with

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prejudice Petitioner’s Petition for Writ of Habeas Corpus as untimely under the one-year

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statute of limitations pursuant to the Antiterrorism and Effective Death Penalty Act of 1996

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(“AEDPA”), 28 U.S.C. § 2244(d)(1), absent a showing of extraordinary circumstances or a

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basis for equitable tolling. The Report and Recommendation sets forth the factual and

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procedural history of the underlying state proceedings.

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The Report and Recommendation further advised the parties that they may serve and

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file written objections, pursuant to Federal Rule of Civil Procedure 72(b)(2), within 14 days

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of being served with a copy of the Report and Recommendation, and if objections were not

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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 the matters presented and an independent

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review of the record herein, that the Report and Recommendation shall be adopted and the

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Petition will be denied and this action dismissed with prejudice. Accordingly,

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IT IS ORDERED that the Report and Recommendation (Doc. 14) is hereby

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ACCEPTED AND ADOPTED as the findings of fact and conclusions of law by this Court;

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IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (Doc. 1) is

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DENIED and this action is DISMISSED with prejudice;
IT IS FURTHER ORDERED that judgment be entered accordingly.

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DATED this 7th day of March, 2013.

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