Ramirez v. Thornell ( 2023 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Jorge Antonio Ramirez, No. CV-23-00114-TUC-JGZ 10 Petitioner, ORDER 11 v. 12 Ryan Thornell, et al., 13 Respondents. 14 15 Pending before the Court is a Report and Recommendation issued by United States 16 Magistrate Bruce G. Macdonald. (Doc. 14.) Magistrate Judge Macdonald recommends 17 denying Petitioner’s § 2254 Petition for Writ of Habeas Corpus. (Id.) 18 A review of the record reflects that the parties have not filed any objections to the 19 Report and Recommendation and the time to file objections has expired. As such, the 20 Court will not consider any objections or new evidence. 21 Upon review of the record, the Court will adopt Magistrate Judge Macdonald’s 22 recommendations. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; Thomas v. Arn, 474 U.S. 23 140, 149–54 (1985). 24 Before Petitioner can appeal this Court’s judgment, a certificate of appealability 25 (COA) must issue. See 28 U.S.C. §2253(c); Fed. R. App. P. 22(b)(1); Rule 11(a) of the 26 Rules Governing Section 2254 Cases. “The district court must issue or deny a certification 27 of appealability when it enters a final order adverse to the applicant.” Rule 11(a) of the 28 Rules Governing Section 2254 Cases. Pursuant to 28 U.S.C. § 2253(c)(2), a COA may || issue only when the petitioner “has made a substantial showing of the denial of a constitutional right.” The court must indicate which specific issues satisfy this showing. 3|| See □□ U.S.C. §2253(c)(3). With respect to claims rejected on the merits, a petitioner “must 4|| demonstrate that reasonable jurists would find the district court’s assessment of the || constitutional claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). 6 || For procedural rulings, a COA will issue only if reasonable jurists could debate whether 7 || the petition states a valid claim of the denial of a constitutional right and whether the court’s 8 || procedural ruling was correct. Jd. Upon review of the record in light of the standards for 9|| granting a certificate of appealability, the Court concludes that a certificate shall not issue, 10 || as the resolution of the petition is not debatable among reasonable jurists. Accordingly, 11 IT IS ORDERED Magistrate Judge Macdonald’s Report and Recommendation (Doc. 14) is accepted. 13 IT IS FURTHER ORDERED Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is denied. 15 IT IS FURTHER ORDERED the Clerk of Court shall enter judgment accordingly 16 || and close the file in this action. 17 Dated this 13th day of December, 2023. 18 19 20 / Jennifer G. Zi United States District Judge 22 23 24 25 26 27 28 _2-