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16-2143 - Alonso v. Ryan et al


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16-2143 - Alonso v. Ryan et al
July 24, 2017
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REPORT AND RECOMMENDATION, recommending that Petitioner's 10 Motion for Clarification or in the Alternative for Stay in Abeyance be DENIED. See document for complete details. Signed by Magistrate Judge John Z Boyle on 7/24/2017. (ATD)
August 15, 2017
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ORDER: IT IS ORDERED that the Report and Recommendation (Doc. 85) is accepted to the limited extent that the motion for clarification or for stay in abeyance (Doc. 10) is denied. Petitioner's factual objections found in Doc. 86 are deemed moot, without prejudice to Petitioner reasserting them, if relevant, should he object to the Report and Recommendation filed on August 10, 2017 [see attached Order for details]. Signed by Senior Judge James A Teilborg on 8/15/17. (MAW)
March 8, 2018
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*AMENDED by Doc. 109--ORDER: The Report and Recommendation 87 is accepted. The objections 98 are overruled. The Clerk of Court shall enter judgment denying and dismissing the Amended Petition, with prejudice. IT IS FINALLY ORDERED that pursuant to Rule 11 of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court denies issuance of a certificate of appealability because dismissal of portions of the petition is based on a plain procedural bar and jurists would not find this Court's procedural ruling debatable, and Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge James A Teilborg on 3/08/2018. (REK) Modified on 6/12/2018 (SJF).
June 11, 2018
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ORDER: IT IS ORDERED that, except to the extent this Court's prior order is clarified, the Motion for Relief from Judgment, (Docs. 104 and 105), is DENIED. Amended Order to follow. IT IS FURTHER ORDERED that a certificate of appealability on this Rule 60(b) motion is DENIED [see attached Order for details]. Signed by Senior Judge James A Teilborg on 6/11/18. (MAW)
June 12, 2018
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ORDER (Amended) - The 87 Report and Recommendation is accepted.The 98 objections are overruled. The Clerk of the Court shall enter an amended judgment denying and dismissing the Amended Petition, with prejudice. IT IS FINALLY ORDERED that pursuant to Rule 11 of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court denies issuance of a certificate of appealability because dismissal of portions of the petition is based on a plain procedural bar and jurists would not find this Court's procedural ruling debatable, see Slack v. McDaniel, 529 U.S. 473, 484 (2000), and Petitioner has not made a substantial showing of the denial of a constitutional right, see 28 U.S.C. ยง 2253(c)(2). Signed by Senior Judge James A Teilborg on 6/11/18. (MSA) Modified on 6/12/2018 (SJF).