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15-849 - Al Saud v. Ryan et al


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15-849 - Al Saud v. Ryan et al
November 3, 2015
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REPORT AND RECOMMENDATION recommending that the Petitioner's Amended Petition for Writ of Habeas Corpus (Doc. 6) be DISMISSED WITHOUT PREJUDICE as a matter of abstention. IT IS FURTHER RECOMMENDED that, in the alternative, Respondents Motion to Dismiss (Doc. 29) be GRANTED and the Petitioner's Amended Petition for Writ of Habeas Corpus (Doc. 6) be DISMISSED WITHOUT PREJUDICE as unexhausted. IT IS FURTHER RECOMMENDED that, to the extent the foregoing findings and recommendations are adopted in the District Court's order, a Certificate of Appealability be DENIED. Signed by Magistrate Judge James F Metcalf on 11/3/15. (EJA)
February 16, 2016
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ORDER ACCEPTING AND ADOPTING 31 the Magistrate Judge's Report and Recommendation. The Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 6) is dismissed without prejudice. Respondents' Motion to Dismiss (Doc. 29) is denied as moot. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because the dismissal of the Amended Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 2/16/16. (EJA)