Phillips v. Ryan et al
| Terrance Ardell Phillips |
| Charles L Ryan and Attorney General of the State of Arizona |
| 3:2017cv08094 |
| May 19, 2017 |
| US District Court for the District of Arizona |
| Prescott Division Office |
| Pima |
| David K Duncan |
| Douglas L Rayes |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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| Document Text |
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Filing
17
ORDER ACCEPTING 15 REPORT AND RECOMMENDATION. The Clerk of Court is to enter judgment denying and dismissing 1 Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 with prejudice. The Clerk shall term inate this action. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because dismissal of the Petition is justified by a plain procedural bar. Signed by Judge Douglas L Rayes on 6/22/18. (MSA)
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Filing
15
REPORT AND RECOMMENDATION - IT IS THEREFORE ORDERED granting Phillips' Motion for Extension of Time to File Reply. (Doc. 12 ) IT IS FURTHER ORDERED denying Phillips' Motion for Documents and Transcripts. (Doc. 13 ) IT IS THEREFORE RECOM MENDED that Terrance Ardell Phillips' Petition for Writ of Habeas Corpus 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 dis missal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. (See document for complete details). Signed by Magistrate Judge David K Duncan on 5/2/18. (SLQ)
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