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15-360 - Stokes v. Ryan et al


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15-360 - Stokes v. Ryan et al
April 13, 2016
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REPORT AND RECOMMENDATION, recommending that the 1 Petition for Writ of Habeas Corpus (State/2254) filed by David Leon Stokes, II be denied and dismissed with prejudice; and recommending 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 4/12/16. (REW)
May 2, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION: the Report and Recommendation of the Magistrate Judge 23 is accepted; a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because dismissal of the Petition is justified by plain procedural bar or lack of any violation of constitutional right and jurists would not find the rulings debatable; the Clerk enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus 1 with prejudice; the Clerk shall terminate this action. Signed by Judge Neil V Wake on 5/2/16. (REW)