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15-1328 - Pledger v. Barnes et al


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15-1328 - Pledger v. Barnes et al
March 31, 2016
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REPORT AND RECOMMENDATION recommending 12 Amended Petition for Writ of Habeas Corpus (State/2254) filed by Jermaine Pledger be denied. IT IS FURTHER RECOMMENDED that, to the extent Petitioner seeks to dismiss the Amended Petition (Doc. 21), the request 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. Signed by Magistrate Judge Bridget S Bade on 03-31-16. (GAR)
April 21, 2016
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ORDER ADOPTING 22 Magistrate Judge Bade's Report and Recommendation. The Amended Petition for Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 12) is denied and dismissed with prejudice. Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because dismissal of the Petition is justified, in part, by a plain procedural bar and jurists of reason would not find the procedural rulings debatable, and Petitioner has not made a substantial showing of the denial of a constitutional right. The Clerk shall terminate this action and enter judgment. Signed by Judge Diane J Humetewa on 4/20/16. (LSP)