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15-1142 - Morgan #105491 v. Ryan et al


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15-1142 - Morgan #105491 v. Ryan et al
December 15, 2016
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REPORT AND RECOMMENDATION re: 11 Amended Petition for Writ of Habeas Corpus (State/2254) filed by Thomas Glenn Morgan. IT IS THEREFORE RECOMMENDED that Thomas Glenn Morgan's Petition for Writ of Habeas Corpus (Doc. 11) be denied and dismissed with prejudice. IT IS FURTHER RECOMMENDED that a Certificate of Appealability be denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. Signed by Magistrate Judge Deborah M Fine on 12/15/16. (KGM)
January 13, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION: The Report and Recommendation (Doc. 29) is ADOPTED and the Amended Petition for Writ of Habeas Corpus (Doc. 11) is DENIED. The Clerk of Court shall enter judgment. IT IS FURTHER ORDERED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge Roslyn O Silver on 1/13/17. (KGM)