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16-1553 - Frater v. Ryan et al


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16-1553 - Frater v. Ryan et al
December 29, 2016
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REPORT AND RECOMMENDATION re: 7 Amended Petition for Writ of Habeas Corpus (State/2254) filed by Cedric Cleon Frater. IT IS THEREFORE RECOMMENDED that the Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 7) 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 12/29/16. (KGM)
January 27, 2017
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ORDER accepting 13 Report and Recommendation. The amended petition for writ of habeas corpus (Doc. 7) is denied and dismissed with prejudice. 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 1/27/17. (EJA)