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16-428 - Irizarry v. Ryan et al

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16-428 - Irizarry v. Ryan et al
June 20, 2016
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REPORT AND RECOMMENDATION recommending 1 Petition for Writ of Habeas Corpus (State/2254) filed by Daimen Joseph Irizarry 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 the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. Signed by Magistrate Judge David K Duncan on 6/20/16. (LSP)
September 8, 2016
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ORDER ADOPTING 11 Report and Recommendation as modified in this order. The Petition is denied, with prejudice, and the Clerk shall enter judgment. IT IS FURTHER ORDERED that, in the event Petitioner files an appeal, the Court denies issuance of a certificate of appealability because jurists of reason would not find the procedural ruling debatable and Petitioner has not made a substantial showing of the denial of a constitutional right on the remaining claims. Signed by Senior Judge James A Teilborg on 9/8/16. (LSP)