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16-1112 - Gonzales v. Moody


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16-1112 - Gonzales v. Moody
December 15, 2016
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REPORT AND RECOMMENDATION re: 1 Petition for Writ of Habeas Corpus (State/2254) filed by Carlos P Gonzales. 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. 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 Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Magistrate Judge John Z Boyle on 12/15/16. (KGM)
January 9, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION: Magistrate Judge Boyle's Report and Recommendation (Doc. 12) is accepted and adopted by the Court; the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) is denied and dismissed with prejudice; a certificate of appealability and leave to proceed in forma pauperis on appeal are denied; and the Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 1/9/17. (KGM)