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15-512 - McCutcheon v. Arizona, State of et al


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15-512 - McCutcheon v. Arizona, State of et al
January 22, 2016
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ORDER denying Petitioner's Motion to Appoint Counsel. (Doc. 17). IT IS FURTHER ORDERED granting "Petitioner"s Motion for Extension of Time to File Reply to Respondent's Response to Order to Show Cause." (Doc. 18). Petitioner shall file a reply no later than March 7, 2016. Signed by Magistrate Judge Eileen S Willett on 1/22/2016.(KMG)
September 30, 2016
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REPORT AND RECOMMENDATION re: 6 Amended Petition for Writ of Habeas Corpus (State/2254) filed by Terry Lyn McCutcheon: IT IS RECOMMENDED that the Amended Petition (Doc. 6) be DISMISSED WITH PREJUDICE. IT IS FURTHER RECOMMENDED that a certificate of appealability and leave to proceed in forma pauperis on appeal be denied because dismissal of the Amended Petition is justified by a plain procedural bar. Signed by Magistrate Judge Eileen S Willett on 9/29/16. (KGM)
February 15, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 21). IT IS FURTHER ORDERED that the petitioner's [Amended] Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody (Doc. 6) is denied and that this action is dismissed with prejudice. IT IS FURTHER ORDERED that a Certificate of Appealability shall not issue and that leave to appeal in forma pauperis is denied because the dismissal of the petitioner's § 2254 petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable. The Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 2/15/17. (KGM)