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16-1635 - Brown v. Ryan et al


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16-1635 - Brown v. Ryan et al
January 27, 2017
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REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2244 (Doc. 1) 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 the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. The parties shall have 14 days from the date of service of a copy of this Report and Recommendation within which to file specific written objections with the Court. Thereafter, the parties have 14 days within which to file a response to the objections. Signed by Magistrate Judge John Z Boyle on 1/27/2017. (REK)
July 6, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION re: 16 Report and Recommendation. Denying 17 Motion to Stay Execution of Sentence and 19 Motion for Leave of the Court to File Supplemental Pleadings. The Petitioner's Objections (Doc. 18) are overruled. The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2244 (Doc. 1) is denied and this action is dismissed 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 reasonable jurists would not find the ruling debatable. The Clerk shall terminate this action. Signed by Judge Steven P Logan on 7/6/17. (DXD)