GARTEN v. STATE, CV-13-00227-PHX-ROS. (2014)
Court: District Court, D. Arizona
Number: infdco20141014g95
Visitors: 8
Filed: Oct. 10, 2014
Latest Update: Oct. 10, 2014
Summary: ORDER ROSLYN O. SILVER, Senior District Judge. Before the Court is a report and recommendation from the Magistrate Judge, (Doc. 18), pursuant to 28 U.S.C. 636(b)(1)(B) and Rule 72(b)(1), Fed. R. Civ. P. No objection to the report and recommendation was filed and the time for doing so has expired. See Fed. R. Civ. P. 72(b)(2). The court accepts the recommended decision of the United States Magistrate Judge within the meaning of Rule 8(b), Rules Governing 2254 Cases. Accordingly, IT IS
Summary: ORDER ROSLYN O. SILVER, Senior District Judge. Before the Court is a report and recommendation from the Magistrate Judge, (Doc. 18), pursuant to 28 U.S.C. 636(b)(1)(B) and Rule 72(b)(1), Fed. R. Civ. P. No objection to the report and recommendation was filed and the time for doing so has expired. See Fed. R. Civ. P. 72(b)(2). The court accepts the recommended decision of the United States Magistrate Judge within the meaning of Rule 8(b), Rules Governing 2254 Cases. Accordingly, IT IS O..
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ORDER
ROSLYN O. SILVER, Senior District Judge.
Before the Court is a report and recommendation from the Magistrate Judge, (Doc. 18), pursuant to 28 U.S.C. § 636(b)(1)(B) and Rule 72(b)(1), Fed. R. Civ. P. No objection to the report and recommendation was filed and the time for doing so has expired. See Fed. R. Civ. P. 72(b)(2).
The court accepts the recommended decision of the United States Magistrate Judge within the meaning of Rule 8(b), Rules Governing § 2254 Cases.
Accordingly,
IT IS ORDERED the Second Amended Petition for Writ of Habeas Corpus (Doc. 6) is DENIED.
IT IS FURTHER ORDERED the Certificate of Appealability and leave to proceed in forma pauperis on appeal is DENIED because dismissal of the Second Amended Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable.
Source: Leagle
