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15-361 - Holland v. Arizona, State of et al


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15-361 - Holland v. Arizona, State of et al
December 16, 2015
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REPORT AND RECOMMENDATION, recommending that the 5 Amended Petition for Writ of Habeas Corpus be denied and dismissed with prejudice. FURTHER RECOMMENDING that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be denied because dismissal of the Amended Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. See document for details. Signed by Magistrate Judge David K Duncan on 12/16/2015. (ATD)
May 17, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION: the Magistrate Judge's Report and Recommendation 11 is accepted and adopted by the Court; Petitioner's First Amended Petition Under 28 U.S.C. ยง 2254 for a Writ of Habeas Corpus 5 is denied and that this action is dismissed with prejudice; no Certificate of Appealability shall be issued and that the Petitioner is not entitled to appeal in forma pauperis because dismissal of the Amended Petition is justified by a plain procedural bar and reasonable jurists would not find the procedural ruling debatable, and because the Petitioner has not made a substantial showing of the denial of a constitutional right; the Clerk shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 5/16/16. (REW)