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16-875 - Williamson v. Ryan


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16-875 - Williamson v. Ryan
February 6, 2017
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REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that the Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2244 (Doc. 8) 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 the dismissal of the Amended Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. This recommendation is not an order that is immediately appealable to the NinthCircuit 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. The parties shall have 14 days from the date of service of a copy of this Report and 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. Failure to timely file objections to the Magistrate Judge's Report and Recommendation may result in the acceptance of the Report and Recommendation by the district court without further review. Failure to timely file objections to any factual determinations of the Magistrate Judge will be considered a waiver of a party's right to appellate review of the findings of fact in an order of judgment entered pursuant to the Magistrate Judge's Report and Recommendation. Signed by Magistrate Judge John Z Boyle on 2/06/2017. (REK)
June 27, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION re: 21 Report and Recommendation and the Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE. 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. Signed by Senior Judge Roslyn O Silver on 6/27/18. (DXD)