Ortega v. Ryan et al
Ernie Pete Ortega |
Charles L Ryan and Attorney General of the State of Arizona |
2:2011cv00359 |
February 23, 2011 |
US District Court for the District of Arizona |
Phoenix Division Office |
Pinal |
Michelle H Burns |
John W Sedwick |
General |
28 U.S.C. ยง 2254 |
None |
Available Case Documents
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Filing 27 ORDER From Chambers ADOPTING REPORT AND RECOMMENDATION 25 . The petition is DENIED and dismissed 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, and 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. (DMT) |
Filing 25 REPORT AND RECOMMENDATION recommending 1 Petition for Writ of Habeas Corpus (State/2254) be DENIED and DISMISSED WITH PREJUDICE. That a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because the 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 Michelle H Burns on 1/24/12. (DMT) |
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