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15-1499 - Johnson v. Arpaio et al


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15-1499 - Johnson v. Arpaio et al
August 18, 2016
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REPORT AND RECOMMENDATION recommending 16 Petitioner's pleading entitled motion to strik(e) claims two and three and proceed with claim one be granted. IT IS FURTHER RECOMMENDED that 5 Amended Petition for Writ of Habeas Corpus (State/2254) filed by Michael Devaughn Johnson 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 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 8/17/16. (LSP)
January 13, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED the Report and Recommendation (Doc. 21) is ADOPTED. Petitioner's objections to Magistrate Judge Burns' Report and Recommendation (Doc. 23) are OVERRULED. Petitioner's motion to strike the second and third grounds for relief (Doc. 16) is GRANTED. Petitioner's first ground for relief as stated in his Amended Petition for Writ of Habeas Corpus (Doc. 5) is DENIED and DISMISSED WITH PREJUDICE. A Certificate of Appealability and leave to proceed in forma pauperis on appeal is DENIED because the dismissal is justified by a plain procedural bars and jurists of reason would not find the procedural ruling debatable. Signed by Senior Judge Roslyn O Silver on 1/13/17. (KGM)