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15-2097 - Barela v. Ryan et al


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15-2097 - Barela v. Ryan et al
March 7, 2018
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AMENDED REPORT AND RECOMMENDATION: IT IS ORDERED denying Petitioner's Motion to Stay 26. IT IS RECOMMENDED that Raymond Barela's 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. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. The parties shall have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have fourteen days within which to file a response to the objections. Failure timely to file objections to the Magistrate Judge's Report and Recommendation may result in the acceptance of the Report and Recommendation by the district court without further review. Failure timely to file objections to any factual determinations of the Magistrate Judge will be considered a waiver of a party's right to appellate review of the findings of fact in an order or judgment entered pursuant to the Magistrate Judge's recommendation. Signed by Magistrate Judge David K Duncan on 2/07/2018. (REK)
May 1, 2018
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ORDER: Petitioner's Objections to the Amended Report and Recommendation of the Magistrate Judge are overruled. The Report and Recommendation of the Magistrate Judge 30 is adopted as the Order of this Court. IT IS FURTHER ORDERED denying Raymond Barela's Petition for Writ of Habeas Corpus. IT IS FURTHER ORDERED denying a Certificate of Appealability because denial of the Petition is justified by a plain procedural bar and jurist of reason would not find the ruling debatable. IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. Signed by Senior Judge Susan R Bolton on 5/01/2018. (REK)