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15-2146 - Alcantar v. Ryan et al


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15-2146 - Alcantar v. Ryan et al
April 1, 2016
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REPORT AND RECOMMENDATION, recommending that the Court deny Petitioner's motion to voluntarily dismiss this action without prejudice as set forth in Petitioner's "Response to Petition"(Doc. 17), which is docketed as a "Motion to Set Aside Petition for Writ of Habeas Corpus." IT IS FURTHER RECOMMENDED that the Petition (Doc. 1) be DISMISSED WITH PREJUDICE and 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. See document for complete details. Signed by Magistrate Judge Eileen S Willett on 04/01/2016. (ATD)
June 22, 2016
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ORDER adopting Magistrate Judge Willett's 20 Report and Recommendation in its entirety and incorporating same into this Order. The 17 Motion to Set Aside Petition for Writ of Habeas Corpus is denied. The 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 is denied and this matter is dismissed with prejudice. IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to proceed in forma pauperis on appeal in this matter because the dismissal of the instant Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Judge John J Tuchi on 6/22/2016. (ATD)