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15-1257 - Sanchez v. Ryan et al


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15-1257 - Sanchez v. Ryan et al
March 10, 2016
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REPORT AND RECOMMENDATION recommending that 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 be DENIED and DISMISSED WITH PREJUDICE. 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 ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Magistrate Judge John Z Boyle on 3/10/16. (EJA)
July 6, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED adopting Magistrate Judge Boyle's R&R (Doc. 11) in its entirety and incorporating same into this Order. IT IS FURTHER ORDERED denying the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) and dismissing this matter with prejudice. IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to proceed in forma pauperis on appeal in this matter because the dismissal of the instant Petition is justified by a plane procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Judge John J Tuchi on 7/6/16. (KGM)