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15-994 - Harding v. Ryan et al


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15-994 - Harding v. Ryan et al
October 21, 2015
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ORDER AND REPORT AND RECOMMENDATION: Petitioner's Motion for Reconsideration (Doc. 26) is DENIED. IT IS RECOMMENDED that the Petition for Writ of Habeas Corpus (Doc. 1), and Petitioner's request for an evidentiary hearing, be DENIED. IT IS FURTHER RECOMMENDED that Petitioner's motions for relief from judgment (Docs. 17, 26), and motion to unseal Rule 11 expert evaluations (Doc. 18) 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. See document for further details. Signed by Magistrate Judge Bridget S Bade on 10/20/2015. (REK)
September 20, 2016
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ORDER: Petitioner's motion to appoint counsel and strike (Doc. 36) is denied in part and granted in part. The motion is denied with respect to the request for appointment of counsel, and granted with respect to his request to strike his previously filed motions; Petitioner's motions for an evidentiary hearing, for discovery, for judgment, to add parties, and for leave (Docs. 32, 33, 34, 35) are therefore deemed as withdrawn; Plaintiff's Motion for Scheduling Hearing (Doc. 37) is denied; Magistrate Judge Bade's Report and Recommendation (Doc. 28) is accepted and adopted by the Court; Petitioner's motions for relief from judgment (Doc. 17) and to unseal the record (Doc. 18) are denied; The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 1) is denied and this action is dismissed with prejudice; A certificate of appealability and leave to proceed in forma pauperis on appeal are denied because the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable; andThe Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 9/19/2016. (REK)