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14-2516 - Luz-Hernandez v. Ryan et al


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14-2516 - Luz-Hernandez v. Ryan et al
April 5, 2016
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REPORT AND RECOMMENDATION recommending 1 Petition for Writ of Habeas Corpus (State/2254) be DENIED and DISMISSED WITH PREJUDICE. FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the procedural ruling debatable. Signed by Magistrate Judge Deborah M Fine on 4/4/16. (EJA)
May 9, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION 12 in whole. IT IS FURTHER ORDERED denying and dismissing with prejudice the Petition (Doc. 1), and directing the Clerk of the Court to close this matter. IT IS FURTHER ORDERED denying a certificate of appealability and leave to proceed in forma pauperis on appeal, upon the Courts finding that Petitioner has not made a substantial showing of the denial of a constitutional right in his claim for relief. (See document for further details). Signed by Judge John J Tuchi on 5/9/16. (LAD)