Murray #065477 v. Ryan et al

Filing 24

ORDERED that the Report and Recommendation (Doc. 19 ) is hereby ACCEPTED and ADOPTED as the findings of fact and conclusions of law by this Court; IT IS THEREFORE ORDERED that the Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (Do c. 1) is DENIED and dismissed with prejudice; IT IS FURTHER ORDERED that the Clerk of Court is directed to enter judgment accordingly. IT IS FURTHER ORDERED that a Certificate of Appealability shall not issue, based on this Court's finding that Petitioner has not made a substantial showing of the denial of a federal constitutional right, and jurists of reason would not find the Court's assessment of Petitioner's constitutional claims "debatable or wrong." Signed by Senior Judge Frank R Zapata on 7/15/20. (MYE)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Ronald Leslie Murray,
Petitioner,

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ORDER

v.

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No. CV 17-395-TUC-FRZ

David Shinn, et al.,

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Respondents.

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Petitioner Ronald Leslie Murray filed a Petition Under 28 U.S.C. § 2254 for Writ

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of Habeas Corpus on August 14, 2017, alleging he is being held in state custody after the

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sentences imposed have expired in violation of his constitutional rights.

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The case was referred to Magistrate Judge Jacqueline M. Rateau for all pretrial

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proceedings and report and recommendation in accordance with the provisions of 28

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U.S.C. § 636(b)(1) and LRCiv 72.1 and LRCiv 72.2 of the Rules of Practice of the United

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States District Court for the District of Arizona, Local Rules of Civil Procedure.

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Magistrate Judge Rateau, after a thorough review of the record, issued her Report

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and Recommendation on November 4, 2019, recommending that the District Court deny

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the petition with prejudice.

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Petitioner filed timely objections.

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Before the Court for consideration are the Petition (Doc. 1); the Response (Doc. 14);

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the Report and Recommendation (Doc. 19); and Petitioner’s objections (Doc. 23) thereto.

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The Report and Recommendation sets forth a thorough factual and procedural
background and legal analysis under the applicable law.
Following

an

independent

review

of

the

pleadings,

the

Report

and

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Recommendation, the objections thereto, and the administrative record, the Court shall

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adopt the findings of the Magistrate Judge, based on the finding that the Petitioner failed

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to present a cognizable claim that he was entitled to early release credits.

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Accordingly,

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IT IS ORDERED that the Report and Recommendation (Doc. 19) 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 THEREFORE ORDERED that the Petition Under 28 U.S.C. § 2254 for a

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Writ of Habeas Corpus (Doc. 1) is DENIED and dismissed with prejudice;
IT IS FURTHER ORDERED that the Clerk of Court is directed to enter judgment
accordingly.

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IT IS FURTHER ORDERED that a Certificate of Appealability shall not issue,

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based on this Court's finding that Petitioner has not made a substantial showing of the

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denial of a federal constitutional right, and jurists of reason would not find the Court’s

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assessment of Petitioner’s constitutional claims “debatable or wrong.” See Slack v.

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McDaniel, 529 U.S. 473, 484 (2000).

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Dated this 15th day of July, 2020.

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