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Greer v. Schriro

United States District Court, D. Arizona
Jan 6, 2006
No. CIV 05-1394-PHX-EHC (VAM) (D. Ariz. Jan. 6, 2006)

Opinion

No. CIV 05-1394-PHX-EHC (VAM).

January 6, 2006


ORDER


On May 11, 2005, Petitioner filed a Petition for a Writ of Habeas Corpus. [Dkt. 1]. On June 10, 2005, Petitioner filed an Amended Petition for a Writ of Habeas Corpus. [Dkt. 4]. Respondents filed a Response to the Amended Pet it ion on September 19, 2005. [Dkts. 14, 15 16].

On November 16, 2005, Magistrate Judge Virginia A. Mathis issued a Rep ort and Recommendation [Dkt. 21], recommending that Petitioner's Amended Petition be denied because Petitioner's claims are procedurally barred, Petitioner having failed to raise them in the two post-convict ion proceedings conducted in Maricopa County Superior Court pursuant to Ariz. R. Crim. P. 32.See 28 U.S.C. § 2254(b)(1)(A).

On November 28, 2005, Petitioner filed an Objection. [Dkt. 22]. Petitioner argues that he should not be held responsible for his counsel's failure to raise his claims in his post-conviction proceedings before the Superior Court. Petitioner filed his petitions pro se in the two post-conviction proceedings held in Maricopa County Superior Court. [Dkt. 16, exs. I and MM]. Petitioner's counsel appointed for the post-conviction proceedings found no viable issues to raise on post-conviction review. [Dkt. 16, ex. M].

On December 23, 2005, Petitioner filed a Motion to Enforce Sanctions [Dkt. 23], informing that the Court that Respondents did not file a Response to his Objection.

A district court judge reviews de novo the Report and Recommendation of a Magistrate Judge. See 28 U.S.C. § 636(b)(1)(C).

The Court having reviewed the record de novo, adopts in full the Report and Recommendation of the Magistrate Judge and incorporates the same as a part of this Order.

Accordingly,

IT IS ORDERED that the Report and Recommendation of the Magistrate Judge is adopted in full. [Dkt. 21].

IT IS FURTHER ORDERED that the Petitioner's Amended Petition for a Writ of Habeas Corpus is DENIED. [Dkt. 4].

IT IS FURTHER ORDERED that Petitioner's Motion to Enforce Sanct ions [Dkt. 23] is DENIED.


Summaries of

Greer v. Schriro

United States District Court, D. Arizona
Jan 6, 2006
No. CIV 05-1394-PHX-EHC (VAM) (D. Ariz. Jan. 6, 2006)
Case details for

Greer v. Schriro

Case Details

Full title:Lawrence Eugene Greer, Petitioner, v. Dora B. Schriro, et al., Respondents

Court:United States District Court, D. Arizona

Date published: Jan 6, 2006

Citations

No. CIV 05-1394-PHX-EHC (VAM) (D. Ariz. Jan. 6, 2006)