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16-1490 - Elzy v. Ryan et al


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16-1490 - Elzy v. Ryan et al
March 1, 2017
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REPORT AND RECOMMENDATION: recommending that the 1 Petition for Writ of Habeas Corpus (State/2254) be denied and dismissed with prejudice; and recommending 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 ruling debatable. Signed by Magistrate Judge John Z Boyle on 2/28/17. (REW)
March 31, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION: Magistrate Judge Boyle's Report and Recommendation 25 is accepted; Petitioner's Petition for Writ of Habeas Corpus 1 is denied and dismissed with prejudice; the Clerk shall terminate this action and enter judgment accordingly; in the event Petitioner files an appeal, the Court declines to issue a Certificate of Appealability because reasonable jurists would not find the Court's procedural ruling debatable. Signed by Judge G Murray Snow on 3/30/17. (REW)