Opinion
CV-21-01458-PHX-ROS
01-09-2023
Torrence E Davis, Petitioner, v. David Shinn, Respondent.
ORDER
ROSLYN O. SILVER, SENIOR UNITED STATES DISTRICT JUDGE
On November 22, 2022, Magistrate Judge Michael T. Morrissey filed a Report and Recommendation (“R&R”). The R&R recommends denial of the petition for writ of habeas corpus. A copy of the R&R was sent to Respondent on November 22, 2022, but for unknown reasons a copy was not mailed to Petitioner until December 1, 2022. Even considering the delayed mailing, the time for objections has expired and neither party filed any.
Accordingly, IT IS ORDERED the Report and Recommendation (Doc. 31) is ADOPTED. The petition for writ of habeas corpus is DISMISSED WITH PREJUDICE. The Clerk of Court shall close this case.
IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because dismissal is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable and because the petition does not make a substantial showing of the denial of a constitutional right.