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16-2838 - Ware #223315 v. Ryan et al

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16-2838 - Ware #223315 v. Ryan et al
July 5, 2017
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REPORT AND RECOMMENDATION recommending that 1 Petitioner's Petition for Writ of Habeas Corpus, filed August 24, 2016 be DISMISSED WITH PREJUDICE. FURTHER RECOMMENDED that, to the extent the foregoing findings and recommendations are adopted in the District Court's order, a Certificate of Appealability 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. See document for details. Signed by Magistrate Judge James F Metcalf on 7/5/17. (EJA)
August 2, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS ORDERED overruling Petitioner's Objections to the Report and Recommendation of the Magistrate Judge. IT IS FURTHER ORDERED adopting the Report and Recommendation of the Magistrate Judge as the Order of this Court. (Doc. 25) IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus is dismissed with prejudice as untimely. IT IS FURTHER ORDERED denying any Certificate of Appealability and leave to proceed in forma pauperis on appeal. The dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. (See document for further details). Signed by Judge Susan R Bolton on 8/2/17. (SLQ)