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14-1814 - Hernandez-Roque v. Ryan et al


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14-1814 - Hernandez-Roque v. Ryan et al
May 27, 2016
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ed. R. App. P. 4(a)(1) 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. Thereafter, the parties have fourteen days within which to file a response to the objections. Failure to file timely objections to the Magistrate Judge's Report and Recommendation may result in the acceptance of the Report and Recommendation by the District Court without further review. Failure to file timely objections to any factual determinations of the Magistrate Judge may be considered a waiver of a party's right to appellate review of the findings of fact in an order or judgment entered pursuant to the Magistrate Judge's recommendation. Signed by Magistrate Judge Eileen S Willett on 5/27/2016. (REK)REPORT AND RECOMMENDATION: IT IS RECOMMENDED that the Petition (Doc. 1) 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 Petitioner has not made a substantial showing of the denial of a constitutional right in his claims for relief. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to F
June 14, 2016
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***VACATED per ORDER 24***ORDER ACCEPTING AND ADOPTING 18 Magistrate Judge Willett's Report and Recommendation as an Order of this Court. ORDERED that the Petition for Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 1) is denied and dismissed with prejudice. FURTHER ORDERED that pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because dismissal of the Petition is justified, in part, because reasonable jurists could not find that the Court's determination that Petitioner is not entitled to relief debatable, wrong, or deserving of encouragement to proceed further. Clerk of Court shall terminate this action and enter judgment accordingly. See document for details. Signed by Judge Diane J Humetewa on 6/14/16. (EJA) Modified on 7/5/2016 (REK).