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15-1487 - Abdulla #271958 v. Ryan et al


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15-1487 - Abdulla #271958 v. Ryan et al
September 9, 2016
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REPORT AND RECOMMENDATION recommending 15 Amended Petition for Writ of Habeas Corpus (State/2254) filed by Haider H Abdulla 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 Petitioner has not made a substantial showing of the denial of a constitutional right and because the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Magistrate Judge Michelle H Burns on 9/9/16. (DXD)
April 27, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION accepting and adopting Magistrate Judge Burns' 29 Report and Recommendation. The Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 15) 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 by a plain procedural bar and jurists of reason would not find the procedural ruling 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 accordingly. Signed by Judge Diane J Humetewa on 4/26/17. (DXD)