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16-1794 - Sherman v. Broderick et al


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16-1794 - Sherman v. Broderick et al
May 3, 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. ยง 2254 (Doc. 1) be denied and dismissed with prejudice. IT IS FURTHER RECOMMENDED that a Certificate of Appealability be denied because dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the procedural ruling debatable. See document for further details. Signed by Magistrate Judge Deborah M Fine on 5/02/2017. (REK)
June 12, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION re: 21 Report and Recommendation. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is denied and dismissed with prejudice. In the event Petitioner files an appeal, issuance of a certificate of appealability is denied because denial of the Petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable. The Clerk shall enter judgment of dismissal with prejudice. Signed by Senior Judge James A Teilborg on 6/12/17. (DXD)