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16-560 - Johnson v. Ryan et al


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16-560 - Johnson v. Ryan et al
January 25, 2017
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REPORT AND RECOMMENDATION, recommending that the 1 Petition for Writ of Habeas Corpus be denied and dismissed with prejudice; and recommending that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be denied because jurists of reason would find it debatable that (i) Petitioner has not made a substantial showing of the denial of a constitutional right as to Ground One and (ii) the dismissal of Ground Two is justified by a plain procedural bar. Signed by Magistrate Judge Eileen S Willett on 1/25/17. (REW)
February 17, 2017
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ORDER ACCEPTING REPORT AND RECOMMENDATION: Magistrate Judge Willett's Report and Recommendation 18 is accepted; Petitioner's Petition for Writ of Habeas Corpus 1 is dismissed with prejudice; The Clerk shall terminate this action; in the event Petitioner files an appeal, the Court declines to issue a Certificate of Appealability because reasonable jurists would not find the Court's procedural ruling debatable. Signed by Judge G Murray Snow on 2/17/17. (REW)