Arriaga v. Arizona, State of et al
| Luciano Arriaga |
| Arizona, State of and Berry Larson |
| 2:2009cv00494 |
| March 11, 2009 |
| US District Court for the District of Arizona |
| Habeas Corpus (General) Office |
| Maricopa |
| David K Duncan (PS) |
| John W Sedwick |
| None |
| Federal Question |
| 28:2254 Petition for Writ of Habeas Corpus (State) |
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| Document Text |
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Filing
24
ORDER FROM CHAMBERS ADOPTING REPORT AND RECOMMENDATION 23 and granting 19 Motion to Dismiss Case and denying without prejudice 1 Petition. IT IS FURTHER ORDERED that this court will not issue a Certificate of Appealability, because dismissal of the petition is justified by a plain procedural bar and jurists of reason would not find this issue debatable. If Arriaga wishes to appeal this decision, he must apply to the Court of Appeals for the necessary Certificate of Appealability. (LSP)
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Filing
23
REPORT AND RECOMMENDATION recommending 19 Respondents' MOTION to Dismiss be granted and recommending 1 Petition for Writ of Habeas Corpus be denied without prejudice and recommending that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Magistrate Judge David K Duncan on 2/9/10. (LSP)
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