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15-2083 - Salazar v. Ryan et al


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15-2083 - Salazar v. Ryan et al
April 29, 2016
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REPORT AND RECOMMENDATION 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 the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Magistrate Judge John Z Boyle on 4/29/2016. (KMG)
June 6, 2016
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ORDER that Magistrate Judge Boyle's R&R, Doc. 16, is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus, Doc. 1, is DENIED and DISMISSED WITH PREJUDICE. FURTHER ORDERED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable, and because 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 terminate this case. Signed by Judge Douglas L Rayes on 6/6/2016. (KMG)