Patsalis v. Ryan et al
Atdom Mikels Patsalis |
Charles L Ryan and Attorney General of the State of Arizona |
3:2018cv08101 |
May 14, 2018 |
US District Court for the District of Arizona |
Prescott Division Office |
Pima |
Michelle H Burns (PS) |
James A Teilborg |
General |
28 U.S.C. ยง 2254 |
None |
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Filing 37 ORDER - The 32 Report and Recommendation is accepted, rejected, or modified as specified above. ORDERED that Respondent's objections (Doc. 35 ) are overruled or sustained as indicated above. ORDERED that the Petition is denied and dismissed with prejudice and the Clerk of the Court shall enter judgment accordingly. FINALLY ORDERED that a certificate of appealability is granted as to Petitioner's claim that his sentences were not proportional to his crimes under the Eighth Amendme nt (merged grounds five and seven of the Petition (see Doc. 32 at 17)) because Petitioner has stated a claim of constitutional magnitude and jurists of reason could find this Court's assessment of the claim debatable.15 A certificate of appealability is denied in all other respects as to all other claims because jurists of reason would not find this Court's rulings debatable as to Petitioner's other claims. Signed by Senior Judge James A Teilborg on 8/18/20. (EJA) |
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