Opinion
CV-21-08075-PCT-SRB
06-02-2022
Joseph George Carter, Petitioner, v. David Shinn, et al., Respondents.
NOT FOR PUBLICATION
ORDER
SUSAN R. BOLTON, UNITED STATES DISTRICT JUDGE.
Petitioner filed his Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody on April 15, 2021 asserting a “violation of the 5th Amendment of the U.S. Constitution through denial of due process of law.” Respondents filed their Response to Petitioner's Petition for Writ of Habeas Corpus on August 12, 2021. Petitioner filed his Reply on November 15, 2021. On May 11, 2022, the Magistrate Judge issued his Report and Recommendation recommending that the petition be denied and dismissed with prejudice.
In his Report and Recommendation the Magistrate Judge advised the parties that they had fourteen days from the date of service of a copy of the Report and Recommendation within which to file specific written objections with the Court. The time to file such objections has expired and no objections to the Report and Recommendation have been filed.
The Court finds itself in agreement with the Report and Recommendation of the Magistrate Judge. ...
IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the Order of this Court.
IT IS FURTHER ORDERED denying the Petition for Writ of Habeas Corpus and dismissing it with prejudice.
IT IS FURTHER ORDERED denying any Certificate of Appealability and leave to proceed in forma pauperis on appeal because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable and because Petitioner has not made a substantial showing of the denial of a constitutional right.
IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly.