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16-1209 - Chavez-Duarte v. Ryan et al

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16-1209 - Chavez-Duarte v. Ryan et al
December 9, 2016
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REPORT AND RECOMMENDATION recommending 1 Petition for Writ of Habeas Corpus (State/2254) filed by Guadalupe Chavez-Duarte 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 reasonable jurists would not find the procedural ruling debatable. Signed by Magistrate Judge Deborah M Fine on 12/9/16. (LSP)
January 31, 2017
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ORDER adopting Report and Recommendations re 11 Report and Recommendation. The Objections (Doc. 12) are overruled. The Petition is denied and dismissed because it is barred by the statute of limitations and the Clerk shall enter judgment accordingly. Pursuant to Rule 11 of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court denies issuance of a certificate of appealability because dismissal of the petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable. Signed by Senior Judge James A Teilborg on 1/30/17.(DXD)