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15-187 - Ford v. Ryan et al


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15-187 - Ford v. Ryan et al
December 21, 2015
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AMENDED REPORT AND RECOMMENDATION:IT IS THEREFORE RECOMMENDED that Jimmie Lee Ford's petition for writ of habeas corpus be denied and dismissed with prejudice. Ford's Motion to Stay and Abeyance be denied as moot. (Doc. 14). Ford's Motion to Amend be denied as futile. (Doc. 16). IT IS 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 jurists of reason would not find the ruling debatable. Signed by Magistrate Judge David K Duncan on 12/21/15. (KGM)
January 15, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED that the Amended Report and Recommendation of the Magistrate Judge (Doc. 23) is accepted. IT IS FURTHER ORDERED that Petitioner's Motion to Stay and Abeyance is denied as moot (Doc. 14) and Petitioner's Motion to Amend is denied as futile (Doc. 16). Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. ยง 2254 (Doc. 1) with prejudice. The Clerk shall terminate this action. Signed by Judge Neil V Wake on 1/14/16. (KGM)