Cole v. Ryan et al
||Jerry Lee Cole
||Charles L Ryan and Attorney General of the State of Arizona
||September 7, 2010
||US District Court for the District of Arizona
||Phoenix Division Office
||Michelle H Burns (PS)
||Mary H Murguia
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 2254
|Jury Demanded By:
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|September 12, 2011
ORDER FROM CHAMBERS - this court adopts Magistrate Judge Burns' recommendations at docket 11. Based thereon, the petition at docket 1 is DENIED. The Clerk will please enter judgment dismissing the petition with prejudice. IT IS FURTHER ORDERED THAT this court will not grant the Certificate of Appealability required by 28 U.S.C. § 2253(c), nor will it grant leave to proceed on appeal in forma pauperis, because dismissal of the petition is clearly warranted by a plain procedural bar, an d jurists of reason would not find the procedural bar debatable. If petitioner desires to take an appeal, he must request a Certificate of Appealabilty from the Court of Appeals. See Fed. R. App. P. 22(b)(1). by Judge John W Sedwick on 9/12/2011. (KMG)
|January 7, 2011
ORDER - The Clerk of Court must serve a copy of the First Amended Petition (Doc. 4) and this Order on the Respondent and the Attorney General of the State of Arizona by certified mail pursuant to Rule 4, Rules Governing Section 2254 Cases. Respondent s must answer the First Amended Petition within 40 days of the date of service. Petitioner may file a reply within 30 days from the date of service of the answer. This matter is referred to Magistrate Judge Michelle H. Burns pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. Signed by Judge Mary H Murguia on 1/5/11. (KMG)
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