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14-2563 - Markland v. Ryan et al


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14-2563 - Markland v. Ryan et al
December 18, 2014
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ORDER The Clerk of Court must serve a copy of the Petition (Doc. 1) and this Order on the Respondent and the Attorney General of the State of Arizona by certified mail pursuant to Rule 4, Rules Governing Section 2254 Cases. Respondents must answer the Petition within 40 days of the date of service. Petitioner may file a reply within 30 days from the date of service of the answer. This matter is referred to Magistrate Judge Mark E. Aspey pursuant toRules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. Signed by Senior Judge Stephen M McNamee on 12/8/2014. (KMG)
September 22, 2016
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REPORT AND RECOMMENDATION re: 1 Petition for Writ of Habeas Corpus (State/2254) filed by Harold Eugene Markland: IT IS RECOMMENDED that Harold Eugene Markland's Petition for Writ of Habeas Corpus be denied and dismissed with prejudice. IT IS FURTHER RECOMMENDED that a Certificate of Appealability be denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable (see document for further details). Signed by Magistrate Judge Deborah M Fine on 9/22/16. (KGM)
March 19, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 17) and dismissing with prejudice Petitioner's Petition for Writ of Habeas Corpus (Doc. 1.) The Clerk of Court shall enter judgment accordingly. IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to proceed in forma pauperis on appeal because (1) Petitioner has not made a substantial showing of the denial of a constitutional right and (2) the dismissal is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Senior Judge Stephen M McNamee on 03/19/2018. (KAS)