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15-2482 - White v. Ryan et al


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15-2482 - White v. Ryan et al
May 2, 2016
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REPORT AND RECOMMENDATION recommending that the 1 Petition for Writ of Habeas Corpus (State/2254) be DISMISSED WITH PREJUDICE. IT IS 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 further details). Signed by Magistrate Judge James F Metcalf on 5/2/16. (LAD)
September 2, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION 8 in its entirety and incorporating same into this Order. IT IS FURTHER ORDERED denying the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 1) and dismissing this matter with prejudice. IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to proceed in forma pauperis on appeal in this matter because the dismissal of the instant Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. (See document for further details). Signed by Judge John J Tuchi on 9/1/16. (LAD)