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15-1867 - Daniels v. Frigo et al


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15-1867 - Daniels v. Frigo et al
August 3, 2016
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REPORT AND RECOMMENDATION re: 14 Amended Petition for Writ of Habeas Corpus (State/2254) filed by Daisy Daniels. IT IS RECOMMENDED that Daisy Daniels' Second Amended Petition for Writ of Habeas Corpus 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 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 8/3/16. (KGM)
October 17, 2016
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ORDER denying 29 Motion for TRO; denying 29 Motion for Preliminary Injunction; accepting and adopting 30 Report and Recommendations. IT IS FURTHER ORDERED that the petitioner's [Second Amended] Petition Under 28 U.S.C. ยง 2254 for a Writ of Habeas Corpus by a Person in State Custody (Doc. 14) is denied and that this action is dismissed with prejudice. IT IS FURTHER ORDERED that a certificate of appealability shall not issue and that the petitioner is not entitled to appeal in forma pauperis because the dismissal of the petition is justified by a plain procedural bar and reasonable jurists would not find the procedural ruling debatable, and because the petitioner has not made a substantial showing of the denial of a constitutional right. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 10/17/16. (LAD)