Martinez #166712 v. Arizona, State of et al
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|Date Filed||#||Document Text|
|June 16, 2016
ORDER that the Motion for Evidentiary Hearing (Doc. 27 at 13) is denied. IT IS FURTHER ORDERED that the Report and Recommendation (Doc. 26 ) is accepted as specified above; the objections of Petitioner (Doc. 27 ) are overruled as specified above; the Petition is denied, with prejudice, and the Clerk of the Court shall enter judgment accordingly. IT IS FINALLY ORDERED that, in the event Petitioner files a notice of appeal, a Certificate of Appealability is denied because the Petition is barre d by a plain procedural bar and jurists of reason would not find this Court's procedural decision debatable or wrong; further, Petitioner has failed to make a substantial showing of the denial of a constitutional right. Signed by Senior Judge James A Teilborg on 6/16/2016. (KMG)
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