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Garten v. State

United States District Court, D. Arizona

October 10, 2014

Charles Guy Garten, Petitioner,
v.
State of Arizona, et al., Respondents.

ORDER

ROSLYN O. SILVER, Senior District Judge.

Before the Court is a report and recommendation from the Magistrate Judge, (Doc. 18), pursuant to 28 U.S.C. § 636(b)(1)(B) and Rule 72(b)(1), Fed.R.Civ.P. No objection to the report and recommendation was filed and the time for doing so has expired. See Fed.R.Civ.P. 72(b)(2).

The court accepts the recommended decision of the United States Magistrate Judge within the meaning of Rule 8(b), Rules Governing § 2254 Cases.

Accordingly,

IT IS ORDERED the Second Amended Petition for Writ of Habeas Corpus (Doc. 6) is DENIED.

IT IS FURTHER ORDERED the Certificate of Appealability and leave to proceed in forma pauperis on appeal is DENIED because dismissal of the Second Amended Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable.


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