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16-044 - Escobedo #246354 v. Ryan et al


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16-044 - Escobedo #246354 v. Ryan et al
December 19, 2016
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REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) be DENIED and DISMISSED WITH PREJUDICE; that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. The parties shall have 14 days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have 14 days within which to file a response to the objections. Signed by Magistrate Judge John Z Boyle on 12/19/2016. (REK)
February 13, 2017
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ORDER: The Magistrate Judge's Report and Recommendation (Doc. 12) is accepted and adopted by the Court; The petitioner's Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody is denied and that this action is dismissed with prejudice; No certificate of appealability shall issue and that leave to appeal in forma pauperis is denied because the petitioner has not made a substantial showing of the denial of a constitutional right; The Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 2/13/2017. (REK)