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15-2229 - Mitchell v. Arizona, State of et al


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15-2229 - Mitchell v. Arizona, State of et al
January 24, 2017
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REPORT AND RECOMMENDATION, recommending that Petitioner's 20 Motion to Stay/Motion to Amend be DENIED. FURTHER RECOMMENDED that Petitioner's 5 Amended Petition for Writ of Habeas Corpus, filed January 7, 2016 be DISMISSED WITH PREJDUICE; and that to the extent the foregoing findings and recommendations are adopted in the District Court's order, a Certificate of Appealability be DENIED. Signed by Magistrate Judge James F Metcalf on 01/24/2017. (ATD)
February 22, 2017
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ORDER accepting 29 Report and Recommendation as follows: denying 20 Motion to Stay, Motion to Amend/Correct; Petitioner's Amended Petition for Writ of Habeas Corpus (Doc. 5) is dismissed with prejudice; in the event Petitioner files an appeal, issuance of a certificate of appealability is denied; the Clerk shall enter judgment of dismissal with prejudice. Signed by Senior Judge James A Teilborg on 2/21/17.(DXD)