Redzinak #273314 v. Ryan et al
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION 20 . Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is DENIED. This case is dismissed with prejudice. The Clerk of the Court shall enter judgment accordingly. Signed by Judge Jennifer G Zipps on 8/23/16. (KAH)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Joshua Wayne Redzinak,
Petitioner,
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ORDER
v.
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No. CV-15-00064-TUC-JGZ
Charles Ryan, et al.,
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Respondents.
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Pending before the Court is a Report and Recommendation issued by United
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States Magistrate Judge Lynnette C. Kimmins that recommends denying Petitioner’s
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Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Doc. 20.)
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A review of the record reflects that the parties have not filed any objections to the
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Report and Recommendation and the time to file objections has expired. As such, the
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Court will not consider any objections or new evidence.
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The Court has reviewed the record and concludes that Magistrate Judge Kimmin’s
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recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P.
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72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir.1999); see also Conley v.
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Crabtree, 14 F.Supp.2d 1203, 1204 (D. Or. 1998).
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Before Petitioner can appeal this Court's judgment, a certificate of appealability
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must issue. See 28 U.S.C. §2253(c) and Fed. R. App. P. 22(b)(1). Federal Rule of
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Appellate Procedure 22(b) requires the district court that rendered a judgment denying
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the petition made pursuant to 28 U.S.C. §2254 to "either issue a certificate of
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appealability or state why a certificate should not issue."
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§2253(c)(2) provides that a certificate may issue "only if the applicant has made a
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substantial showing of the denial of a constitutional right." In the certificate, the court
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must indicate which specific issues satisfy this showing. See 28 U.S.C. §2253(c)(3). A
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substantial showing is made when the resolution of an issue of appeal is debatable among
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reasonable jurists, if courts could resolve the issues differently, or if the issue deserves
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further proceedings. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). Upon review
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of the record in light of the standards for granting a certificate of appealability, the Court
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concludes that a certificate shall not issue as the resolution of the petition is not debatable
Additionally, 28 U.S.C.
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among reasonable jurists and does not deserve further proceedings.
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Accordingly, IT IS HEREBY ORDERED as follows:
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1. Magistrate Judge Kimmins’ Report and Recommendation (Doc. 20) is accepted
and adopted;
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2. Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is DENIED;
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3. This case is dismissed with prejudice. The Clerk of the Court shall enter judgment
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accordingly.
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Dated this 23rd day of August, 2016.
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Honorable Jennifer G. Zipps
United States District Judge
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