Opinion
CV-23-01488-PHX-ROS
04-23-2024
Francisco V. Chala, Petitioner, v. Ryan Thornell, et al., Respondents.
ORDER
Honorable Roslyn O. Silver, Senior United States District Judge
On March 14, 2024, Magistrate Judge Deborah M. Fine issued a Report and Recommendation (“R&R”) concluding Petitioner Francisco V. Chala's petition for writ of habeas corpus was untimely by more than twenty years. (Doc. 14). Petitioner did not file any objections. Therefore, the R&R will be adopted in full.
Accordingly, IT IS ORDERED the R&R (Doc. 14) is ADOPTED. The petition for writ of habeas corpus (Doc. 1) is DENIED. The Clerk of Court shall enter judgment in favor of Respondents and close this case.
IT IS FURTHER ORDERED leave to proceed in forma pauperis and a certificate of appealability are DENIED because dismissal of the petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right.