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15-1852 - St. Brice v. Ryan et al


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15-1852 - St. Brice v. Ryan et al
December 18, 2015
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REPORT AND RECOMMENDATION - that Cliff St. Brice's Petition for Writ of Habeas Corpus 1 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 petition and amended petition are justified by a plain procedural bar and jurists of reason would not find the ruling debatable. Signed by Magistrate Judge David K Duncan on 12/18/2015. (KMG)
January 22, 2016
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ORDER that Report and Recommendation of the Magistrate Judge (Doc. 13) is accepted. IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying and dismissing petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. ยง 2254 (Doc. 1) with prejudice. The Clerk shall terminate this action. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus, the Court FINDS: 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. Signed by Judge Neil V Wake on 1/22/2016. (KMG)