United States District Court for the District of Arizona, 2021

Wilson 079092 v. Attorney General of the State of Arizona

Wilson 079092 v. Attorney General of the State of Arizona
United States District Court for the District of Arizona · Decided January 14, 2021
Wilson 079092 v. Attorney General of the State of Arizona

Trial Court Opinion

6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Aaron C. Wilson, No. CV-19-04561-PHX-ROS 10 Petitioner, ORDER v. Attorney General of the State of Arizona, et al., Respondents.

15 On November 16, 2020, Magistrate Judge Deborah F. Fine issued a Report and Recommendation (“R&R”) recommending Petitioner Aaron C. Wilson’s amended petition seeking a federal writ of habeas corpus (Doc. 5) be denied and dismissed with prejudice.

18 Petitioner’s objections were due December 3, 2020. Petitioner did not file any objections.

19 The R&R will be adopted in full.

20 Accordingly, 21 IT IS ORDERED the Report and Recommendation (Doc. 20) is ADOPTED IN FULL.

23 IT IS FURTHER ORDERED the Amended Petition for Writ of Habeas Corpus (Doc. 5) is DENIED and DISMISSED WITH PREJUDICE.

25 IT IS FURTHER ORDERED a Certificate of Appealability is DENIED because as to specified claims (Doc. 20 at 21–26) asserted in Grounds I, III, and IV, dismissal of the amended petition is justified by a plain procedural bar and reasonable jurists would not find the procedural ruling debatable, and as to the ineffective assistance of || counsel claims under Ground I decided on the merits (Doc. 20 at 30-36, Petitioner has not 2|| “made substantial showing of the denial of a constitutional right,” 28 U.S.C. § 2253(c)(2), || and jurists of reason would not find the Court’s assessment of Petitioner’s constitutional 4|| claims “debatable or wrong,” Slack v. McDaniel, 529 U.S. 473, 484 (2000).

5 IT IS FURTHER ORDERED the Clerk of Court shall close this matter.

6 Dated this 13th day of January, 2021.

7 fo - 8 ( —— 10 Senior United States District Judge _2-

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