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Conroy v. Ryan

United States District Court, D. Arizona

March 6, 2014

Raymond J. Conroy, Petitioner,
v.
Charles L. Ryan, et al., Respondents.

ORDER

FREDERICK J. MARTONE, Senior District Judge.

The court has before it petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (doc. 1), respondents' response (doc. 18), petitioner's reply (doc. 28). We also have before us the Report and Recommendation of the United States Magistrate Judge recommending that the petition for writ of habeas corpus be denied and dismissed with prejudice (doc. 34). No objections were filed.

Therefore, pursuant to Rule 8(b), Rules Governing § 2254 Cases, IT IS ORDERED ACCEPTING the recommended decision of the Magistrate Judge (doc. 34) and DENYING and DISMISSING WITH PREJUDICE the petition for writ of habeas corpus (doc. 1).

IT IS FURTHER ORDERED that 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 and jurists of reason would not find the ruling debatable, and because petitioner has not made a substantial showing of the denial of a constitutional right.


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