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16-1745 - Davis #195873 v. Ryan et al


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16-1745 - Davis #195873 v. Ryan et al
September 29, 2016
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REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that Philip Davis' Petition for Writ of Habeas Corpus 1 be denied and dismissed with prejudice; that a Certificate of Appealability be denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable;Petitioners motions (Docs. 17 and 18) be denied. 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), Federal Rules of Appellate Procedure, should not be filed until entry of the District Court's judgment. The parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have fourteen (14) days within which to file a response to the objections. Failure to timely file 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. Failure to timely file objections to any factual determinations of the Magistrate Judge will be considered a waiver of a party's right to appellate review of the findings of fact in an order or judgment entered pursuant to the Magistrate Judge's recommendation. Signed by Magistrate Judge Deborah M Fine on 9/29/2016. (REK)
October 25, 2016
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ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 19 - Petitioner's Motions (Docs. 17, 18, 20, 21, 22, 23, 24) are denied. The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (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 dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. The Clerk of Court shall terminate this action. (See document for further details). Signed by Judge Steven P Logan on 10/24/16. (LAD)