Morris v. Ryan et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATION 27 . The Pro Se Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 is DENIED. Signed by Judge Cindy K Jorgenson on 8/12/16. (KAH)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Phillip Morris,
Petitioner,

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ORDER

v.

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No. CV-13-01313-TUC-CKJ

Charles L. Ryan, et al.,

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Respondents.

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On July 1, 2016, Magistrate Judge Lynnette C. Kimmins issued a Report and

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Recommendation in which she recommended that the Pro Se Petition for Writ of Habeas

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Corpus Under 28 U.S.C. § 2254 be denied. (Doc. 27.) The Report and Recommendation

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found that the Petition was untimely because it was not filed until October 7, 2013.

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Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), the Petition

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should have been filed no later than one year from September 13, 2011, which is the date

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when Petitioner’s conviction became final.

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Recommendation also concluded that Petitioner was not entitled to equitable tolling for

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the late filed Post-Conviction Relief Petition. (Id. at 4-6.)

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(Id. at 3-4.)

The Report and

The Report and Recommendation notified the parties that they had fourteen days
to file any objections. No objections have been filed.

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The Court reviews de novo any objected-to portions of the Report and

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Recommendation. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The Court reviews for

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clear error the unobjected-to portions of the Report and Recommendation. Johnson v.

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Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); see also, Conley v. Crabtree, 14

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F.Supp.2d 1203, 1204 (D. Or. 1998).

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The Court has reviewed and considered the Pro Se Petition for Writ of Habeas

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Corpus Under 28 U.S.C. § 2254; the Limited Answer to the Petition1; the exhibits, and

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the Report and Recommendation. The Court finds no error.

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Accordingly, after an independent review, IT IS ORDERED:

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The Report and Recommendation (Doc. 27) is ADOPTED;

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2.

The Pro Se Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 is

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DENIED.
Dated this 12th day of August, 2016.

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Honorable Cindy K. Jorgenson
United States District Judge

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Petitioner filed no reply.
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