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16-2051 - Jones #190298 v. Ryan et al


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16-2051 - Jones #190298 v. Ryan et al
February 13, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED that Magistrate Judge Boyle's R&R (Doc. 27) is accepted and adopted. The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 1) is denied and dismissed with prejudice. Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, 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. Petitioner's Motion for Evidentiary Hearing and Request for Appointment of Counsel (Doc. 12) and Motion Requesting Respondents Furnish Transcripts and Exhibits (Doc. 24) are denied. The Clerk of Court shall terminate this action and enter judgment accordingly. Signed by Judge Diane J Humetewa on 2/13/17. (KGM)