Eftenoff v. Ryan et al
| Brian Thomas Eftenoff |
| Charles L Ryan and Attorney General of the State of Arizona |
| 2:2014cv01023 |
| May 12, 2014 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Pinal |
| Michelle H Burns (PS) |
| Neil V Wake |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
51
ORDER ADOPTING REPORT AND RECOMMENDATION, the Report and Recommendation of the Magistrate Judge 47 is accepted; the Clerk shall enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. & #167; 2254 1 with prejudice; the Clerk shall terminate this action; a Certificate of Appealability is denied because dismissal of the Petition is justified by a plain procedural bar (Petitioners Claims 4a, 4c, 7a), procedural default (Claim 8b), or lack of a substantial showing of the denial of a constitutional right (Claims 7d, 8a) upon which reasonable jurists would disagree. Signed by Judge Neil V Wake on 4/25/16. (REW)
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Filing
47
REPORT AND RECOMMENDATION, recommending that Petitioner's 1 Petition for Writ of Habeas Corpus be DENIED and DISMISSED with prejudice. The parties shall have fourteen days from the date of service of a copy of this recommendation within whic h to file specific written objections with the Court. Failure to timely file objections to the Magistrate Judge's Report and Recommendation may result in the acceptance of the Report and Recommendation by the district court without further review. (See document for full details.) Signed by Magistrate Judge Michelle H Burns on 11/30/2015. (ATD)
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Filing
40
ORDER that the Report and Recommendation of the Magistrate Judge (Doc. 35 ) is accepted. FURTHER ORDERED that Petitioner's Motion to Stay and Abey Habeas Proceedings (Doc. 25 ) is denied. This matter remains referred to Magistrate Judge Burns. Signed by Judge Neil V. Wake on 4/28/15. (NKS)
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