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15-1465 - Smith #252757 v. Ryan et al


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15-1465 - Smith #252757 v. Ryan et al
April 11, 2016
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REPORT AND RECOMMENDATION that Christopher Lee Smith's Amended Petition for Writ of Habeas Corpus (Doc. 8) 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 Amended Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. Signed by Magistrate Judge David K Duncan on 4/11/16. (KGM)
August 12, 2016
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ORDER that 17 Report and Recommendation is accepted or modified as specified in this order regarding the statute of limitations for filing the petition. The objections (Docs. 18, 19) are resolved as specified in this order. The amended petition (Doc. 8) is denied and dismissed with prejudice and the Clerk shall enter judgment. Pursuant to Rule 11 of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court denies issuance of a certificate of appealability because dismissal of the petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable. Signed by Senior Judge James A Teilborg on 8/11/16. (LSP)