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15-2436 - Lopez v. Ryan et al


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15-2436 - Lopez v. Ryan et al
November 14, 2016
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REPORT AND RECOMMENDATION recommending 1 Petition for Writ of Habeas Corpus (State/2254) filed by Armando Lopez, Jr. 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 reasonable jurists would not find the procedural ruling debatable. Signed by Magistrate Judge Deborah M Fine on 11/14/16. (LSP)
July 12, 2017
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7/11/17. (LAD)ORDER - IT IS ORDERED: 1. That Magistrate Judge Fine's Report and Recommendation (Doc. 14) is accepted and adopted by the Court; 2. That the Motion to Stay the Habeas Proceedings with Leave to Amend or Leave to file a Second Successive Petition (Doc. 16) is denied; 3. That the Motion for Evidentiary Hearing (Doc. 20) is denied; 4. That the Motion for Leave to Amend the Petition (Doc. 21) is denied; 5. That the Petitioner's Objections (Doc. 15) are overruled; 6. That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2244 (Doc. 1) is denied and this action is dismissed with prejudice; 7. That a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable; and 8. That the Clerk of Court shall terminate this action. (See document for further details). Signed by Judge Steven P Logan on