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15-626 - Escobar v. Ryan et al


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15-626 - Escobar v. Ryan et al
February 13, 2017
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REPORT AND RECOMMENDATION re: 1 Petition for Writ of Habeas Corpus (State/2254) filed by Victor Castillo Escobar: IT IS RECOMMENDED that Petitioner's requests for an evidentiary hearing and discovery be DENIED; that the Petition (Doc. 1) be DENIED and DISMISSED WITH PREJUDICE; and that a certificate of appealability and leave to proceed in forma pauperis on appeal be denied because dismissal of Grounds One, Two, and Five are justified by a plain procedural bar and Petitioner has not made a substantial showing of the denial of a constitutional right as to Grounds Three and Four. This Report and Recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Signed by Magistrate Judge Eileen S Willett on 2/13/17. (KGM)
May 8, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION. IT IS ORDERED: 1. Magistrate Judge Eileen S. Willett's R&R (Doc. 31) is accepted. 2. The Petition for writ of habeas corpus (Doc. 1) is denied. 3. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. 4. The Clerk of the Court is directed to terminate this action. (See document for further details). Signed by Judge David G Campbell on 5/8/17. (SLQ)