Minisee v. Shinn

6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA Paris Kyle Minisee, No. CV-19-04331-PHX-NVW-MHB Petitioner, 10 ORDER v. and DENIAL OF CERTIFICATE OF David Shinn, et al., 12 APPEALABILITY AND IN FORMA 13 Respondents. PAUPERIS STATUS 14 Pending before the Court is the Report and Recommendation (“R&R”) of Magistrate Michelle H. Burns (Doc. 21) regarding petitioner’s Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1). The R&R recommends that the Petition be denied and dismissed with prejudice. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R. (R&R at 11 (citing 28 U.S.C. § 19 636(b)(1); Rules 72, 6(a), 6(b), Federal Rules of Civil Procedure and United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Petitioner filed objections on March 26, 2020 (Doc. 24) and a Notice of Appeal (Doc. 23) to the same effect.

22 The Court has considered the objections and reviewed the Report and Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that the court must make a de novo determination of those portions of the Report and Recommendation to which specific objections are made). The Court agrees with the Magistrate Judge’s determinations, accepts the recommended decision within the meaning of Rule 72(b), Fed. R. Civ. P., and overrules Petitioner’s objections. See 28 U.S.C. § 28 | 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in part, || the findings or recommendations made by the magistrate’).

3 IT IS THEREFORE ORDERED that the Report and Recommendation of the Magistrate Judge (Doc. 21) is accepted.

5 IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying | and dismissing Petitioner’s Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. | § 2254 (Doc. 1) with prejudice. The Clerk shall terminate this action.

8 A certificate of appealability is denied because the dismissal of the Petition is | justified by a plain procedural bar and jurists of reason would not find the procedural ruling | debatable.

11 Dated this 2nd day of April, 2020.

MALL ale 14 Neil V. Wake 1s Senior United States District Judge