Leighton #252380 v. Ryan et al

Filing 25

ORDER denying 24 Motion for Certificate of Appealability as moot. Signed by Judge Jennifer G Zipps on 1/4/2019. (MCO)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Robert William Leighton, Petitioner, 10 11 ORDER v. 12 No. CV-18-00058-TUC-JGZ (LAB) Charles L Ryan, et al., 13 Respondents. 14 15 16 17 Pending before the Court is Petitioner’s Motion for Certificate of Appealability (Doc. 24). For the following reasons, the Court will deny Petitioner’s Motion. 18 By order dated November 13, 2018, the Court adopted in part Magistrate Judge 19 Bowman’s Report and Recommendation dismissing the Petition as untimely. (Doc. 20 at 20 2.) The Court did not address the alternative grounds for dismissal. (Id.) The Court did 21 deny a certificate of appealability. (Id. at 3–4.) 22 Petitioner requests a certificate of appealability with regard to the Magistrate 23 Judge’s alternative findings. Petitioner asserts that “[t]he United States District Court 24 Judge accepted the Report and Recommendation of the Magistrate without comment and 25 offered no further substantive analysis of the petition.” (Doc. 24 at 2.) The Court will 26 deny the Motion. Because this Court agreed with the Magistrate Judge that the Petition 27 was untimely filed, it was not necessary to address the merits of the untimely petition as 28 those issues were moot. (See Doc. 20 at 2.) Further, the Court previously addressed and 1 denied issuance of a certificate of appealability with regard to its ruling on timeliness. 2 Accordingly, 3 4 5 IT IS ORDERED that Petitioner’s Motion for Certificate of Appealability is DENIED as moot. Dated this 4th day of January, 2019. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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