Lewis v. Ryan et al
| James Francisco Lewis |
| Charles Ryan and Attorney General of the State of Arizona |
| 2:2017cv01982 |
| June 22, 2017 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Mohave |
| John Z Boyle |
| Diane J Humetewa |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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| Document Text |
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Filing
22
ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS ORDERED that Magistrate Judge Boyle's R&R (Doc. 19 ) is accepted and adopted as the order of this Court. IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1 ) is denied and dismissed with prejudice. IT IS FURTHER ORDERED that pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied be cause dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. IT IS FURTHER ORDERED that the Clerk of Court shall terminate this action and enter judgment accordingly. (See document for complete details). Signed by Judge Diane J Humetewa on 4/20/18. (SLQ)
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Filing
19
REPORT AND RECOMMENDATION - IT IS THEREFORE RECOMMENDED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (doc. 1 ) be DENIED and DISMISSED WITH PREJUDICE. IT IS FURTHER RECOMMENDED 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 reasonable jurists would not find the ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. (See document for complete details). Signed by Magistrate Judge John Z Boyle on 3/6/18. (SLQ)
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