Lombardo 290381 v. Attorney General of the State of Arizona

6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA Mauricio Lombardo, No. CV-19-02288-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 Judge Michelle H. Burns (Doc. 23) 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 22 (citing United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Petitioner filed objections on April 29, 2020 (Doc. 24).

21 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. § 27 636(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”).

1 IT IS THEREFORE ORDERED that Report and Recommendation of the □□ Magistrate Judge (Doc. 23) is accepted.

3 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.

6 A Certificate of Appealability and leave to proceed in forma pauperis on appeal is | DENIED because Petitioner has not made a substantial showing of the denial of a || constitutional right and because the dismissal of the Petition is justified by a plain | procedural bar and jurists of reason would not find the procedural ruling debatable.

10 Dated: May 1, 2020.

MLA the 2 Neil ¥. Wake Senior United States District Judge