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14-2721 - Taylor v. Ryan


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14-2721 - Taylor v. Ryan
December 8, 2015
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REPORT AND RECOMMENDATION, recommending that that the 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 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 jurists of reason would not find the procedural ruling debatable, and because Petitioner has not satisfied his burden regarding a freestanding actual innocence claim. (See document for details.) Signed by Magistrate Judge John Z Boyle on 12/08/15. (ATD)
February 1, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION: the Magistrate Judge's [Report and Recommendation 13 is accepted and adopted by the Court; the Petition for Writ of Habeas Corpus 1 is denied and dismissed with prejudice; a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable, and because Petitioner has not satisfied his burden regarding a freestanding actual innocence claim; the Clerk shall terminate this action. Signed by Judge Steven P Logan on 2/1/17. (REW)