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16-032 - Gutierrez v. Ryan et al


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16-032 - Gutierrez v. Ryan et al
April 10, 2017
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REPORT AND RECOMMENDATION recommending that 1 Petition for Writ of Habeas Corpus (State/2254) filed by Augustine Villanueva Gutierrez 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 Grounds Two, Three, and Four are justified by a plain procedural bar and Petitioner has not made a substantial showing of the denial of a constitutional right as to Ground One. Signed by Magistrate Judge Eileen S Willett on 04/10/2017. (KAS)
July 6, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION in full re: 19 Report and Recommendation with additional analysis as set forth herein. The Petition for Writ of Habeas Corpus (Doc. 1) is denied. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because dismissal of portions of the petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable and other portions of the petition do not make a substantial showing of the denial of a constitutional right. Signed by Senior Judge Roslyn O Silver on 7/6/17. (DXD)