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14-1692 - Scott v. Ryan et al


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14-1692 - Scott v. Ryan et al
October 19, 2015
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ORDER AND REPORT AND RECOMMENDATION denying petitioner's 15 MOTION for Evidentiary Hearing. IT IS THEREFORE RECOMMENDED that Petitioner's Petition for Writ of Habeas Corpus, filed July 28, 2014 (Doc. 1) be disposed of. (See document for further details). Signed by Magistrate Judge James F Metcalf on 10/18/15. (LAD)
June 30, 2016
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ORDER - The 21 R&R is accepted and adopted as stated in the order; the 29 objections are overruled; the claims in the Petition are dismissed or denied as specified in the R&R (Doc. 21 at 59-60) and the Clerk of the Court shall enter judgment accordingly. In the event Petitioner files an appeal, a certificate of appealability is denied because, to the extent the Petition was dismissed, such dismissal was based on a plain procedural bar and jurists of reason would not find this Court's procedural rulings debatable or wrong and, to the extent the Petition was denied on the merits, Petitioner did not make a substantial showing of the denial of a Constitutional right. The R&R's recommendation that Petitioner be sent forms to seek a second or successive petition with the Court of Appeals is rejected because all claims this Court found to be successive are also barred by the statute of limitations, thus any successive petition would be futile. Signed by Senior Judge James A Teilborg on 6/30/2016. (ATD)