Alavez v. Shinn

Opinion

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA 9 Damaso Alavez, ) 10 ) Petitioner, ) 11 ) No. CIV 19-498-TUC-CKJ (BGM) vs. ) 12 ) David Shinn, et al., ) ORDER 13 ) Respondents. ) 14 ) 15 On April 12, 2022, Magistrate Judge Bruce G. Macdonald issued a Report and 16 Recommendation (Doc. 16) in which he recommends the Court dismiss with prejudice the 17 Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody 18 (Non-Death Penalty) (“Petition”) (Doc. 1) filed by Petitioner Damasco Alavez ("Alavez") 19 be denied as untimely. 20 The Report and Recommendation advised the parties that, pursuant to 28 U.S.C. § 21 636(b)(1) and Fed.R.Civ.P. 72(b)(2), any party may serve and file written objections within 22 fourteen (14) days after being served with a copy of the Report and Recommendation. No 23 objections have been filed within the time provided by 28 U.S.C. § 636(b)(1). After an 24 independent review, the Court finds it is appropriate to adopt the Report and 25 Recommendation and deny the Petition as untimely. 26 Accordingly, IT IS ORDERED: 27 1. The Report and Recommendation (Doc. 16) is ADOPTED. 28 2. The Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person 1 || in State Custody (Non-Death Penalty) (“Petition”) (Doc. 1) is DENIED. 2 3. The Clerk of the Court shall enter judgment and shall then close its file in this 3 |) matter. 4 4. Pursuant to Rule 1 1(a) of the Rules Governing Section 2254 Cases, in the event 5 || Petitioner files an appeal, the Court declines to issue a certificate of appealability because 6 || reasonable jurists could not "debate whether (or, for that matter, agree that) the petition 7 || should have been resolved in a different manner or that the issues presented were ‘adequate 8 || to deserve encouragement to proceed further'." See Slack v. McDaniel, 529 U.S. 473, 484 9 || (2000); see also Close v. Thomas, 653 F.3d 970, 974 n. 2 (9th Cir. 2011) ("COA is not 10 || required to appeal the denial of a § 2241 petition filed by a person in federal custody"). 11 DATED this 26th day of September, 2022. 12 A. ig L On gorsnore? 14 Cindy K. Jor§€énso 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-