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15-2440 - McMillan #86625 v. Ryan et al


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15-2440 - McMillan #86625 v. Ryan et al
March 9, 2016
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REPORT AND RECOMMENDATION, recommending that the 1 Petition for Writ of Habeas Corpus be denied; and recommending that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be denied because the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the procedural ruling debatable and because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Magistrate Judge Bridget S Bade on 3/9/16. (REW)
April 26, 2016
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ORDER ADOPTING 12 REPORT AND RECOMMENDATION in whole and denying and dismissing the Petition for Writ of Habeas Corpus (Doc. 1). FURTHER ORDERED denying a Certificate of Appealability and leave to proceed in forma pauperis on appeal, as the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the procedural ruling debatable and because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Judge John J Tuchi on 4/26/16. (EJA)