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14-1753 - Martinez #166712 v. Arizona, State of et al


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14-1753 - Martinez #166712 v. Arizona, State of et al
January 28, 2016
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REPORT AND RECOMMENDATION that the Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 7) 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 the dismissal of the Amended Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Magistrate Judge John Z Boyle on 1/28/2016. (KMG)
June 16, 2016
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ORDER that the Motion for Evidentiary Hearing (Doc. 27 at 13) is denied. IT IS FURTHER ORDERED that the Report and Recommendation (Doc. 26) is accepted as specified above; the objections of Petitioner (Doc. 27) are overruled as specified above; the Petition is denied, with prejudice, and the Clerk of the Court shall enter judgment accordingly. IT IS FINALLY ORDERED that, in the event Petitioner files a notice of appeal, a Certificate of Appealability is denied because the Petition is barred by a plain procedural bar and jurists of reason would not find this Court's procedural decision debatable or wrong; further, Petitioner has failed to make a substantial showing of the denial of a constitutional right. Signed by Senior Judge James A Teilborg on 6/16/2016. (KMG)