Wilson 079092 v. Attorney General of the State of Arizona ( 2021 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Aaron C. Wilson, No. CV-19-04561-PHX-ROS 10 Petitioner, ORDER 11 v. 12 Attorney General of the State of Arizona, et al., 13 Respondents. 14 15 On November 16, 2020, Magistrate Judge Deborah F. Fine issued a Report and 16 Recommendation (“R&R”) recommending Petitioner Aaron C. Wilson’s amended petition 17 seeking a federal writ of habeas corpus (Doc. 5) be denied and dismissed with prejudice. 18 Petitioner’s objections were due December 3, 2020. Petitioner did not file any objections. 19 The R&R will be adopted in full. 20 Accordingly, 21 IT IS ORDERED the Report and Recommendation (Doc. 20) is ADOPTED IN 22 FULL. 23 IT IS FURTHER ORDERED the Amended Petition for Writ of Habeas Corpus 24 (Doc. 5) is DENIED and DISMISSED WITH PREJUDICE. 25 IT IS FURTHER ORDERED a Certificate of Appealability is DENIED because 26 as to specified claims (Doc. 20 at 21–26) asserted in Grounds I, III, and IV, dismissal of 27 the amended petition is justified by a plain procedural bar and reasonable jurists 28 would not find the procedural ruling debatable, and as to the ineffective assistance of 1 || counsel claims under Ground I decided on the merits (Doc. 20 at 30-36, Petitioner has not 2|| “made substantial showing of the denial of a constitutional right,” 28 U.S.C. § 2253(c)(2), || and jurists of reason would not find the Court’s assessment of Petitioner’s constitutional 4|| claims “debatable or wrong,” Slack v. McDaniel, 529 U.S. 473, 484 (2000). 5 IT IS FURTHER ORDERED the Clerk of Court shall close this matter. 6 Dated this 13th day of January, 2021. 7 fo - 8 ( —— 10 Senior United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-