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15-1233 - Supinger v. Ryan et al


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15-1233 - Supinger v. Ryan et al
April 22, 2016
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REPORT AND RECOMMENDATION - that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) be DENIED and DISMISSED WITH PREJUDICE. IT IS FURTHER RECOMMENDED that a Certificate of Appealability andleave 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 ruling debatable. Signed by Magistrate Judge John Z Boyle on 4/21/2016. (KMG)
May 16, 2016
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ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 17 - IT IS FURTHER ORDERED that the petitioner's Petition Under 28 U.S.C. §2254 for a Writ of Habeas Corpus by a Person in State Custody is denied as time-barred and that this action is dismissed with prejudice. IT IS FURTHER ORDERED that a certificate of appealability shall not be issued and that the petitioner is not entitled to appeal in forma pauperis because the dismissal of the habeas petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. (See document for further details). Signed by Senior Judge Paul G Rosenblatt on 5/16/16. (LAD)