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14-2396 - Malmo #132540 v. Ryan et al


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14-2396 - Malmo #132540 v. Ryan et al
January 8, 2016
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REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (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 the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right (see document for further details). Signed by Magistrate Judge John Z Boyle on 1/8/16. (KGM)
February 8, 2016
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ORDER accepting 18 the Report and Recommendation. The petition for writ of habeas corpus (Doc. 1) is denied and dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 2/8/16. (EJA)