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12-682 - Bisbee v. Ryan et al


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12-682 - Bisbee v. Ryan et al
May 11, 2017
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REPORT AND RECOMMENDATION - Recommending that 32 Amended Petition for Writ of Habeas Corpus filed by Courtney Valle Bisbee be denied and dismissed with prejudice. IT IS FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. The parties shall have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Signed by Magistrate Judge David K Duncan on 05/11/2017. (KAS)
February 6, 2018
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ORDER - Report and Recommendation (Doc. 99) is ADOPTED to the extent it is consistent with the analysis above and REJECTED to the extent it is inconsistent. The Petition for Writ of Habeas Corpus (Doc. 32) is DENIED and DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because the petition does not make a substantial showing of the denial of a constitutional right. Signed by Senior Judge Roslyn O Silver on 02/06/2018. (KAS)