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15-771 - McKaney v. Ryan et al


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15-771 - McKaney v. Ryan et al
October 21, 2015
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REPORT AND RECOMMENDATION re: 1 Petition for Writ of Habeas Corpus (State/2254) filed by Victor Lamar McKaney. IT IS RECOMMENDED that the Petition for Writ of Habeas Corpus (Doc. 1), including Petitioner's request for discovery and an evidentiary hearing, be DENIED. IT IS FURTHER RECOMMENDED 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 procedural ruling debatable and because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Magistrate Judge Bridget S Bade on 10/20/15. (KGM)
April 19, 2016
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ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 13 - Petitioner's Objections (Doc. 14) 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 full details). Signed by Judge Diane J Humetewa on 4/19/16. (LAD)