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14-2763 - Karban #234332 v. Ryan et al


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14-2763 - Karban #234332 v. Ryan et al
December 8, 2016
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REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that Stephen Frank Karban's Request to Supplement the Record of His Writ of Habeas Corpus Petition (Doc. 44) be denied; Stephen Frank Karban's Petition for Writ of Habeas Corpus be denied and dismissed with prejudice; 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. The parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, theparties have fourteen (14) days within which to file a response to the objections. Failure to timely file 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 timely file objections to any factual determinations of the Magistrate Judge will 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 Deborah M Fine on 12/08/2016. (REK)
August 11, 2017
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ORDER - IT IS ORDERED overruling Petitioner's Objections to the Report andRecommendation of Magistrate Judge. IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the Order of this Court. (Doc. 47) IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus is denied and dismissed with prejudice. IT IS FURTHER ORDERED that Petitioner's Request to Supplement the Record of his Writ of Habeas Corpus is denied. (Doc. 44) IT IS FURTHER ORDERED denying a Certificate of Appealability because denial of the Petition is justified by a plain procedural bar and jurist of reason would not find the ruling debatable and because Petitioner has failed to show the denial of a federal constitutional right. (See document for further details). Signed by Judge Susan R Bolton on 8/11/17. (LAD)