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14-147 - Altamirano v. Ryan et al


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14-147 - Altamirano v. Ryan et al
June 13, 2014
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REPORT AND RECOMMENDATION that the 1 Petition for Writ of Habeas Corpus (State/2254) be denied and dismissed with prejudice. The undersigned also recommends that, should the Report and Recommendation be adopted and, should Petitioner seek a certificate of appealability, a certificate of appealability should be denied. Signed by Magistrate Judge Mark E Aspey on 6/13/2014. (LFIG)
January 20, 2016
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. Signed by Judge Steven P Logan on 1/20/16. (EJA)ORDER Accepting and Adopting 11 the Magistrate Judge's Report and Recommendation. The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 1) is denied and dismissed with prejudice. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Clerk of Court shall terminate this action