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16-1427 - Miller #262220 v. Unknown Parties


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16-1427 - Miller #262220 v. Unknown Parties
October 6, 2016
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REPORT AND RECOMMENDATION, recommending that the 8 Amended Petition for Writ of Habeas Corpus be DENIED. 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 reasonable jurists 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 Bridget S Bade on 10/06/2016. (ATD)
December 2, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION accepting 17 Judge Bade's Report and Recommendation. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is denied, and a certificate of appealability is denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 12/2/16. (DXD)
November 2, 2017
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ORDER AND REPORT AND RECOMMENDATION: Petitioner's motion for further review (Doc. 37) is GRANTED to the extent that the Court considers the arguments presented in that filing as a response to Respondents' motion to dismiss (Doc. 34). IT IS RECOMMENDED that Respondents' motion to dismiss (Doc. 34) be GRANTED and that Court deny the amended petition for writ of habeas corpus. (Doc. 8.) 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 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. The parties shall have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. The parties have fourteen days within which to file a response to the objections. Failure to file timely 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. Signed by Magistrate Judge Bridget S Bade on 11/02/2017. (REK)
March 5, 2018
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ORDER: Judge Bade's R&R 43 is accepted. The petition for writ of habeas corpus 8 is denied. Respondents' motion to dismiss 34 is denied as moot. Petitioner's motion for further review 37 is granted for reasons stated by Judge Bade. Petitioner's motion for extension of time to file a reply 48 is denied. The motion suggests that Petitioner has not received legal materials after December 13, 2017, but the last filing in this case before the motion was on November 22, 2017. 47. What is more, a reply is unnecessary because Petitioner did not make any specific objections to the R&R, and the Court will not consider new arguments in a reply brief. Petitioner has also filed a motion suggesting that the place of his current incarceration is interfering with his access to court filings and otherwise mistreating him. (Docs. 49, 51). The motion is denied. For reasons stated above, it does not identify any specific way in which the alleged interference has had a material effect on this proceeding. And his alleged mistreatment is not a matter that can be raised in this habeas petition. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 3/05/2018. (REK)