Alavez v. Shinn

Opinion

Damaso Alavez, ) ) Petitioner, ) ) No. CIV 19-498-TUC-CKJ (BGM) vs. ) ) David Shinn, et al., ) ORDER ) Respondents. ) ) On April 12, 2022, Magistrate Judge Bruce G. Macdonald issued a Report and Recommendation (Doc. 16) in which he recommends the Court dismiss with prejudice the Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody (Non-Death Penalty) (“Petition”) (Doc. 1) filed by Petitioner Damasco Alavez ("Alavez") be denied as untimely. The Report and Recommendation advised the parties that, pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b)(2), any party may serve and file written objections within fourteen (14) days after being served with a copy of the Report and Recommendation. No objections have been filed within the time provided by 28 U.S.C. § 636(b)(1). After an independent review, the Court finds it is appropriate to adopt the Report and Recommendation and deny the Petition as untimely. Accordingly, IT IS ORDERED: 1. The Report and Recommendation (Doc. 16) is ADOPTED. 2. The Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody (Non-Death Penalty) (“Petition”) (Doc. 1) is DENIED. 3. The Clerk of the Court shall enter judgment and shall then close its file in this ) matter. 4. Pursuant to Rule 1 1(a) of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists could not "debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were ‘adequate to deserve encouragement to proceed further'." See Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also Close v. Thomas, 653 F.3d 970, 974 n. 2 (9th Cir. 2011) ("COA is not required to appeal the denial of a § 2241 petition filed by a person in federal custody"). DATED this 26th day of September, 2022. A. ig L On gorsnore? Cindy K. Jor§€énso United States District Judge _2-