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16-001 - Reed #77709 v. Ryan et al


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16-001 - Reed #77709 v. Ryan et al
February 7, 2017
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REPORT AND RECOMMENDATION recommending that 1 Petition for Writ of Habeas Corpus be denied and dismissed with prejudice. FURTHER RECOMMENDED that a Certificate of Appealability be denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the District Court's judgment. Signed by Magistrate Judge Deborah M Fine on 2/7/17. (EJA)
March 16, 2017
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ORDER - Magistrate Judge Fine's 12 R&R is accepted and adopted as the order of this Court. The 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 is denied and dismissed with prejudice. 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 dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. The Clerk of Court shall terminate this action and enter judgment accordingly. Signed by Judge Diane J Humetewa on 03/15/2017. (ATD)