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15-892 - DeShaw v. Ryan et al

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15-892 - DeShaw v. Ryan et al
November 16, 2016
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REPORT AND RECOMMENDATION recommending that the 1 Petition for Writ of HabeasCorpus pursuant to 28 U.S.C. ยง 2254 be DISMISSED WITHOUT PREJUDICE. (See document for further details). Signed by Magistrate Judge John Z Boyle on 11/16/16. (LAD)
December 21, 2016
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ORDER that the motion for appointment of counsel (Doc. 14) is denied in full. The motion for status conference (Doc. 16) is denied. The motion for extension of time (Doc. 15) is granted such that Petitioner has until January 6, 2017, to file his objections to the R&R (Doc. 13). Signed by Senior Judge James A Teilborg on 12/21/16.(KGM)
January 20, 2017
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. The Clerk of the Court must update the docket to reflect Petitioner's pro se status, and mail a copy of both this Order and Doc. 17 to Petitioner. Signed by Senior Judge James A Teilborg on 01/20/2017. (ATD)ORDER accepting and adopting the 13 Report and Recommendation. The Petition in this case is dismissed, without prejudice, and the Clerk of the Court shall enter judgment accordingly. Pursuant to Rule 11 of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court denies issuance of a certificate of appealability because dismissal of the petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable. FURTHER ORDERED that, if counsel did not send Petitioner a copy of the December 21, 2016 Order, Petitioner may timely file a Rule 59 motion and contemporaneously file his objections to the R&R, and the Court will consider those objections