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16-1319 - Phillips #222421 v. Ryan et al


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16-1319 - Phillips #222421 v. Ryan et al
March 1, 2017
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REPORT AND RECOMMENDATION recommending that 1 Petition for Writ of Habeas Corpus be denied and dismissed with prejudice. 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. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure should not be filed until entry of the District Court's judgment. Signed by Magistrate Judge Deborah M Fine on 3/1/17. (EJA)
August 3, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION re: 18 Report and Recommendation. The petition for writ of habeas corpus is DENIED with prejudice. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are 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. Signed by Senior Judge Roslyn O Silver on 8/3/17. (DXD)