United States District Court, D. Arizona
July 21, 2014
James Ira Jones, Jr., Petitioner,
Charles L. Ryan, et al., Respondents.
FREDERICK J. MARTONE, Senior District Judge.
The court has before it Petitioner's amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (doc. 9), Respondents' answer (doc. 17), and Petitioner's reply (doc. 18). We also have before us the Report and Recommendation of the United States Magistrate Judge recommending that the amended petition be denied and dismissed with prejudice (doc. 21). No objection to the Report and Recommendation was filed and the time for doing so has expired.
Pursuant to Rule 8(b), Rules Governing § 2254 Cases, we accept the recommended decision of the Magistrate Judge (doc. 21). Therefore, IT IS ORDERED DENYING and DISMISSING WITH PREJUDICE the amended petition for writ of habeas corpus (doc. 9).
IT IS FURTHER ORDERED DENYING a certificate of appealability and leave to proceed in forma pauperis on appeal because dismissal of the habeas 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.