Otero v. Ryan et al
| David Botello Otero |
| Charles L Ryan and Attorney General of the State of Arizona |
| 2:2016cv00733 |
| March 17, 2016 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Cochise |
| Michelle H Burns |
| Paul G Rosenblatt |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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| Document Text |
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Filing
13
ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 10 ) is accepted and adopted by the Court. Petitioner's Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody is denied and that this action is dismissed with prejudice. A Certificate of Appealability shall not issue and leave to proceed in forma pauperis on appeal is denied because the petitioner has not made a substantial showing of the denial of a constitutional right. The Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 4/6/17. (KGM)
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Filing
10
REPORT AND RECOMMENDATION re: 1 Petition for Writ of Habeas Corpus (State/2254) filed by David Botello Otero. IT IS RECOMMENDED that Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1 ) be DENIED an d DISMISSED WITH PREJUDICE. IT IS FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Magistrate Judge Michelle H Burns on 12/9/16. (KGM)
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