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15-2263 - Byrd v. Ryan et al


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15-2263 - Byrd v. Ryan et al
April 5, 2016
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REPORT AND RECOMMENDATION - that Charles Edward Byrd'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. Signed by Magistrate Judge David K Duncan on 4/5/2016. (KMG)
April 18, 2016
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ORDER that Report and Recommendation of the Magistrate Judge (Doc.15) is accepted. FURTHER ORDERED that Petitioner's Motion to Stay or Motion to Dismiss Petition Without Prejudice so Petitioner Can Exhaust Claim in State Court (Doc. 17) is denied. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. ยง 2254 (Doc. 1) with prejudice. The Clerk shall terminate this action. Signed by Judge Neil V Wake on 4/18/2016. (KMG)