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15-510 - Brown v. Escapule et al


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15-510 - Brown v. Escapule et al
April 14, 2016
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REPORT AND RECOMMENDATION, recommending that the 1 Petition for Writ of Habeas Corpus (State/2254) 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 the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable. Signed by Magistrate Judge John Z Boyle on 4/14/16. (REW)
May 22, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS ORDERED that Magistrate Judge Boyle's R&R (Doc. 18) is accepted and adopted. Petitioner's Objections (Doc. 19) are overruled. IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 1) is denied and dismissed with prejudice. IT IS FURTHER ORDERED that pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, a 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 procedural ruling debatable. IT IS FINALLY ORDERED that the Clerk of Court shall terminate this action and enter judgment accordingly. (See document for complete details). Signed by Judge Diane J Humetewa on 5/21/18. (SLQ)