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15-1033 - Medina #103980 v. Ryan et al


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15-1033 - Medina #103980 v. Ryan et al
August 29, 2016
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REPORT AND RECOMMENDATION recommending that the 1 Petition for Writ of Habeas Corpus be denied and dismissed with prejudice. IT IS FURTHER RECOMMENDED that a certificate of appealability and leave to proceed in forma pauperis on appeal be denied because dismissal of the Petition is justified by a plain procedural bar. (See document for further details). Signed by Magistrate Judge Eileen S Willett on 8/29/16. (LAD)
October 26, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED the Report and Recommendation (Doc. 14) is ADOPTED and the petition for writ of habeas corpus is DENIED. IT IS FURTHER ORDERED 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. Signed by Senior Judge Roslyn O Silver on 10/26/16. (KGM)