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15-2000 - Cisneroz v. Ryan et al

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15-2000 - Cisneroz v. Ryan et al
October 25, 2016
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REPORT AND RECOMMENDATION re: 1 Petition for Writ of Habeas Corpus (State/2254) filed by Michael Paul Cisneroz. IT IS RECOMMENDED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 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 is justified by a plain procedural bar and reasonable jurists would not find the procedural ruling debatable. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Signed by Magistrate Judge Deborah M Fine on 10/25/16. (KGM)
February 16, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION 13 in whole; overruling Petitioner's Objection 14; denying the Petition for Writ of Habeas Corpus 1; denying a Certificate of Appealability upon the Court's conclusion that jurists of reason would not find its assessment of the constitutional claims to be debatable or wrong; the Clerk shall close this matter. Signed by Judge John J Tuchi on 2/16/17. (REW)