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Ballesteros v. Schriro

United States District Court, D. Arizona
Feb 26, 2007
CIV 06-675-PHX-EHC (MEA) (D. Ariz. Feb. 26, 2007)

Summary

noting that a petitioner's pro se status, ignorance of the law, lack of representation during the applicable filing period, and temporary incapacity do not constitute extraordinary circumstances

Summary of this case from Bomar v. Schriro

Opinion

CIV 06-675-PHX-EHC (MEA).

February 26, 2007


ORDER


On March 8, 2006, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Dkt. 1). A Response/Answer was filed September 5, 2006 (Dkt. 9) with Exhibits filed September 6, 2006. (Dkt. 10). On November 16, 2006, Petitioner filed a Traverse/Reply. (Dkt. 13). Magistrate Judge Mark E. Aspey issued a Report and Recommendation on November 29, 2006. (Dkt. 14). Petitioner timely filed Objections (Dkt. 16) to the Magistrate's Report and Recommendation on January 25, 2007. (Dkt. 17).

STANDARD OF REVIEW

A district court judge reviews de novo the Report and Recommendation of a Magistrate Judge. See 28 U.S.C. § 636(b)(1)(C).

DISCUSSION

The Court having reviewed the record de novo, including the Objections filed by Petitioner, adopts in full the Report and Recommendation of the Magistrate Judge and incorporates the same as a part of this Order.

Accordingly,

IT IS FURTHER ORDERED denying the Petition for Writ of Habeas Corpus. (Dkt. 1).

IT IS FURTHER ORDERED adopting the Report and Recommendation of the Magistrate Judge. (Dkt. 14).


Summaries of

Ballesteros v. Schriro

United States District Court, D. Arizona
Feb 26, 2007
CIV 06-675-PHX-EHC (MEA) (D. Ariz. Feb. 26, 2007)

noting that a petitioner's pro se status, ignorance of the law, lack of representation during the applicable filing period, and temporary incapacity do not constitute extraordinary circumstances

Summary of this case from Bomar v. Schriro

noting that a petitioner's pro se status, ignorance of the law, lack of representation during the applicable filing period, and temporary incapacity do not constitute extraordinary circumstances

Summary of this case from Coontz v. Schriro
Case details for

Ballesteros v. Schriro

Case Details

Full title:Manuel Franco Ballesteros, Petitioner, v. Dora Schriro, et al., Respondents

Court:United States District Court, D. Arizona

Date published: Feb 26, 2007

Citations

CIV 06-675-PHX-EHC (MEA) (D. Ariz. Feb. 26, 2007)

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