HERNANDEZ v. RYAN, CV 11-00760-PHX-PGR (JFM). (2012)
Court: District Court, D. Arizona
Number: infdco20120606714
Visitors: 7
Filed: Jun. 04, 2012
Latest Update: Jun. 04, 2012
Summary: ORDER PAUL G. ROSENBLATT, District Judge. The Court having reviewed de novo the Report and Recommendation of Magistrate Judge Metcalf, and no party having filed any objection thereto, IT IS HEREBY ORDERED that the Court accepts and adopts the Report and Recommendation (Doc. 20). 1 IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is denied and dismissed with prejudice. IT IS FURTHER ORDERED denying a certificate of appealability. FootNotes 1. The pet
Summary: ORDER PAUL G. ROSENBLATT, District Judge. The Court having reviewed de novo the Report and Recommendation of Magistrate Judge Metcalf, and no party having filed any objection thereto, IT IS HEREBY ORDERED that the Court accepts and adopts the Report and Recommendation (Doc. 20). 1 IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is denied and dismissed with prejudice. IT IS FURTHER ORDERED denying a certificate of appealability. FootNotes 1. The peti..
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ORDER
PAUL G. ROSENBLATT, District Judge.
The Court having reviewed de novo the Report and Recommendation of Magistrate Judge Metcalf, and no party having filed any objection thereto,
IT IS HEREBY ORDERED that the Court accepts and adopts the Report and Recommendation (Doc. 20).1
IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is denied and dismissed with prejudice.
IT IS FURTHER ORDERED denying a certificate of appealability.
FootNotes
1. The petition sought relief on two grounds. First, Petitioner alleged that he was sentenced to an additional term in prison after violating the terms of a sentence of probation that exceeded the permissible term. The Report and Recommendation finds this claim barred by the statute of limitations and procedurally defaulted. Second, Petitioner alleged a violation of his due process and equal protection rights based on a state court determination that he had procedurally defaulted his claims. The Report and Recommendation finds this claim procedurally defaulted.
Source: Leagle
