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15-2416 - Herrell v. O'Neil et al

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15-2416 - Herrell v. O'Neil et al
June 27, 2016
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REPORT AND RECOMMENDATION recommending 1 Petition for Writ of Habeas Corpus (State/2254) filed by Neal Arthur Herrell be DENIED. FURTHER RECOMMENDED that, to the extent the foregoing findings and recommendations are adopted in the District Court's order, a Certificate of Appealability be DENIED. See document for details. Signed by Magistrate Judge James F Metcalf on 6/27/16. (EJA)
September 19, 2016
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ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 14 - IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 1) is denied and dismissed with prejudice. IT IS FURTHER ORDERED that pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because Petition has not made a substantial showing of the denial of a constitutional right. IT IS FINALLY ORDERED that the Clerk of Court shall terminate this action and enter judgment accordingly. (See document for further details). Signed by Judge Diane J Humetewa on 9/16/16. (LAD)