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13-1320 - Husband v. Ryan et al


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13-1320 - Husband v. Ryan et al
November 4, 2014
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REPORT AND RECOMMENDATION, recommending that the 15 Amended Petition for Writ of Habeas Corpus be denied and dismissed with prejudice; and recommending that should Petitioner seek a Certificate of Appealability, a Certificate of Appealability should be denied because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Magistrate Judge Mark E Aspey on 11/4/14. (REW)
April 16, 2015
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ORDER ADOPTING REPORT AND RECOMMENDATION. Magistrate Judge Aspey's Report and Recommendation 41 is accepted; Petitioner's Petition for Writ of Habeas Corpus 1 is dismissed; the Clerk shall terminate this action. Signed by Judge Douglas L Rayes on 4/16/15. (REW)
May 28, 2015
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*VACATED by Doc. 58--ORDER ADOPTING 41 Magistrate Judge Aspey's Report and Recommendation. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) 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. The Clerk of Court shall terminate this action. Signed by Judge Douglas L Rayes on 5/28/15. (KGM) Modified on 5/28/2015 (SJF).
June 21, 2016
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REPORT AND RECOMMENDATION: recommending that the Court order Petitioner's habeas petition be amended, as requested by Petitioner's counsel (89 at 5), to include IAAC and ineffective assistance of PCR counsel claims; recommending that the Court find Martinez v. Ryan, 132 S. Ct. 1309 (2012), applicable to excuse Petitioner's procedural defaults of his IAAC claim and his irreconcilable conflict claim in Grounds One and Six of his Amended Petition Under 28 U.S.C. § 2254 15; recommending that the Court conduct a hearing to allow Petitioner to establish cause and prejudice for the procedural defaults. Signed by Magistrate Judge Deborah M Fine on 6/21/16. (REW)
September 30, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION: the Report and Recommendation of the Magistrate Judge 90 is accepted; Petitioner's habeas petition shall be amended, as requested by Petitioner's counsel (89 at 5), to include IAAC and ineffective assistance of PCR counsel claims; Martinez v. Ryan, 132 S. Ct. 1309 (2012), is applicable to excuse Petitioner's procedural defaults of his IAAC claim and his irreconcilable conflict claim in Grounds One and Six of his Amended Petition Under 28 U.S.C. § 2254 15; setting a hearing on 11/22/16 at 1:30 p.m., for four hours to allow Petitioner the opportunity to establish cause and prejudice for the procedural defaults. Signed by Judge Douglas L Rayes on 9/30/16. (REW)