O:\CV Signed Orders\03-1025-13, 37O.Wpd

$O:\CV Signed Orders\03-1025-13, 37O.Wpd$ Case 2:03-cv-01025-MHM Document 38 Filed 06/13/06 Page 1 of 3 1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Paul Anthony Miloni, ) No. CIV 03-1025-PHX-MHM (MS) ) 10 Petitioner, ) ORDER ) 11 vs. ) ) 12 ) Dora Schriro, et al., ) 13 ) Respondents. ) 14 ) ) 15 16 Petitioner has filed a pro se Amended Petition for Writ of Habeas Corpus under 28 17 U.S.C. § 2254 challenging his criminal conviction on a plea of guilty on two counts of sexual 18 conduct with a minor, class 2 felonies and dangerous crimes against children, entered in 19 Maricopa County Superior Court, State of Arizona. (Doc. 13). Petitioner was sentenced to 20 a mitigated sentence of 18 years on count one (sexual conduct with a minor) and to a 21 consecutive term of lifetime probation on count four (attempted sexual conduct with a minor). 22 The matter was referred to Magistrate Judge Morton Sitver who has issued a Report and 23 Recommendation that recommends that the Amended Petition should be denied and dismissed 24 with prejudice. (Doc.37). Petitioner has not filed an objection to the Report and 25 Recommendation. 26 STANDARD OF REVIEW 27 The district court must review the Magistrate Judge's findings and recommendations 28 de novo if objection is made but not otherwise. United States v. Reyna-Tapia, 328 F.3d 1114, Case 2:03-cv-01025-MHM Document 38 Filed 06/13/06 Page 2 of 3 1 1121 (9th Cir. 2003)(en banc). See 28 U.S.C. § 636(b)(1)(C)("[a] judge of the court shall 2 make a de novo determination of those portions of the report or specified proposed findings 3 or recommendations to which objection is made"). 4 DISCUSSION 5 The Court has considered the pleadings and documents of record in this case. 6 Petitioner has raised several grounds for relief in his Amended Petition. These grounds are 7 set forth in the Court's Order of June 14, 2004, and include jurisdictional grounds, a claim of 8 violation of due process based on improperly obtained evidence, a challenge to the indictment, 9 ineffective assistance of counsel and alleged prosecutorial misconduct. (Doc. 14). The record 10 indicates that Petitioner confessed to the crimes involving the victim, his daughter who was 11 approximately eleven years of age. At his guilty plea hearing, Petitioner stated that he had 12 begun taking a prescribed anti-depressant medication on the preceding day. Petitioner stated 13 that the medication did not affect his ability to understand what he had done. Petitioner 14 indicated that he understood the range of sentencing for the offenses and that he wanted to 15 plead guilty. Petitioner also withdrew his motion for a change of counsel. The state trial court 16 accepted Petitioner's guilty plea. 17 The Magistrate Judge has recommended that the Amended Petition should be denied 18 because Petitioner's Petition for Review filed with the Arizona Court of Appeals was untimely 19 under Rule 32.9(c) of the Arizona Rules of Criminal Procedure and Petitioner did not present 20 a valid reason to the Superior Court that would warrant suspending the deadline. Petitioner 21 has not shown "cause" for the noncompliance and actual prejudice or that failure to review 22 his claims will result in a "fundamental miscarriage of justice." 23 Accordingly, 24 IT IS ORDERED adopting the Magistrate Judge's Report and Recommendation (Doc. 25 37) in its entirety as the Order of the Court; 26 IT IS FURTHER ORDERED that the Amended Petition for Writ of Habeas Corpus 27 is denied and dismissed with prejudice. 28 - 2 - Case 2:03-cv-01025-MHM Document 38 Filed 06/13/06 Page 3 of 3 1 DATED this 7th day of June, 2006. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 -.

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Lifetime Supervision Fact Sheet Feb 19
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