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Wilson v. Ryan

United States District Court, D. Arizona

March 3, 2014

Robert Andrew Wilson, Petitioner,
v.
Charles Ryan, et al., Respondents.

ORDER

PAUL G. ROSENBLATT, District Judge.

Having reviewed de novo the Report and Recommendation of Magistrate Judge Duncan notwithstanding that no party has filed an objection to the Report and Recommendation, the Court finds that the Magistrate Judge correctly determined that the petitioner's habeas corpus petition, filed on February 22, 2013 pursuant to 28 U.S.C. § 2254, should be dismissed as time-barred because it was filed nine years after the AEDPA's one-year statute of limitations expired on February 26, 2004, and the petitioner has made no showing that the limitations period should be equitably tolled. Therefore,

IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 14) is accepted and adopted by the Court.

IT IS FURTHER ORDERED that the 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.

IT IS FURTHER ORDERED that no certificate of appealability shall issue and that the petitioner is denied leave to appeal in forma pauperis because the dismissal of the petitioner's habeas petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable.

IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.


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