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15-756 - Cowan v. Escapule


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15-756 - Cowan v. Escapule
April 11, 2016
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*REPORT AND RECOMMENDATION recommending that 4 Petitioner's Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 be DENIED and DISMISSED WITH PREJUDICE. FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because dismissal of the amended habeas petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable, and Petitioner has not made a substantial showing of the denial of a constitutional right. See document for details. Signed by Judge Michelle H Burns on 4/11/16. (EJA) *Modified Judge on 4/12/2016 (EJA).
May 19, 2016
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ORDER - Magistrate Judge Burns' 15 R&R is ACCEPTED, Petitioner's 4 Amended Petition for Writ of Habeas Corpus is DISMISSED, a Certificate of Appealability is DENIED, and Petitioner may not proceed in forma pauperis on appeal. The Clerk shall terminate this action. Signed by Judge Douglas L Rayes on 05/19/2016. (ATD)