FUENTEZ v. RYAN, CV-15-00256-PHX-ROS. (2015)
Court: District Court, D. Arizona
Number: infdco20150803392
Visitors: 7
Filed: Jul. 30, 2015
Latest Update: Jul. 30, 2015
Summary: ORDER ROSLYN O. SILVER , Senior District Judge . On June 23, 2015, Magistrate Judge Bridget S. Bade issued a Report and Recommendation ("R&R") concluding the petition in this case was an unauthorized second or successive petition. (Doc. 14). Petitioner filed two documents after the R&R was issued but neither of those documents identifies any error in the Magistrate Judge's conclusion. Moreover, having reviewed the matter de novo, Petitioner has filed two previous federal petitions. Thus, it
Summary: ORDER ROSLYN O. SILVER , Senior District Judge . On June 23, 2015, Magistrate Judge Bridget S. Bade issued a Report and Recommendation ("R&R") concluding the petition in this case was an unauthorized second or successive petition. (Doc. 14). Petitioner filed two documents after the R&R was issued but neither of those documents identifies any error in the Magistrate Judge's conclusion. Moreover, having reviewed the matter de novo, Petitioner has filed two previous federal petitions. Thus, it ..
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ORDER
ROSLYN O. SILVER, Senior District Judge.
On June 23, 2015, Magistrate Judge Bridget S. Bade issued a Report and Recommendation ("R&R") concluding the petition in this case was an unauthorized second or successive petition. (Doc. 14). Petitioner filed two documents after the R&R was issued but neither of those documents identifies any error in the Magistrate Judge's conclusion. Moreover, having reviewed the matter de novo, Petitioner has filed two previous federal petitions. Thus, it is clear he must get authorization from the Court of Appeals before pursuing his claims. 28 U.S.C. § 2244(b)(3)(A).
Accordingly,
IT IS ORDERED the Report and Recommendation (Doc. 14) is ADOPTED IN FULL and the Motion for Extension of Time (Doc. 13) is DENIED.
IT IS FURTHER ORDERED the Clerk of Court is directed to transfer the petition to the Ninth Circuit pursuant to Ninth Circuit Rule 22-3 and close this case.
IT IS FURTHER ORDERED in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000).
Source: Leagle
