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15-1689 - Recio #203995 v. Unknown Party


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15-1689 - Recio #203995 v. Unknown Party
October 17, 2016
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REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that the Second Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 11) 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, and because Petitioner has not satisfied his burden regarding a freestanding actual innocence claim. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. The parties shall have 14 days from the date of service of a copy of this Report and Recommendation within which to file specific written objections with the Court. Thereafter, the parties have 14 days within which to file a response to the objections. Failure to timely file objections to the Magistrate Judges Report and Recommendation may result in the acceptance of the Report and Recommendation by the district court without further review. See document for further details. Signed by Magistrate Judge John Z Boyle on 10/17/2016. (REK)
November 8, 2016
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ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 25 - The Second Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 11) is denied and this action is dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk of Court shall terminate this action. (See document for further details). Signed by Judge Steven P Logan on 11/8/16. (LAD)