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16-3216 - Lunsford v. Hacker-Agnew et al


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16-3216 - Lunsford v. Hacker-Agnew et al
June 1, 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. § 2244 (Doc. 1) be DENIED and DISMISSED WITH PREJUDICE. IT IS FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. (See document for further details) Signed by Magistrate Judge John Z Boyle on 6/1/17. (SLQ)
January 25, 2018
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ORDER and DENIAL OF CERTIFICATE OF APPEALABILITY AND IN FORMA PAUPERIS STATUS: IT IS ORDERED that Report and Recommendation of the Magistrate Judge 15 is ACCEPTED. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for Writ of Habeas Corpus, 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. The Clerk of Court enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 1 with prejudice. The Clerk shall terminate this action. Signed by Judge Douglas L Rayes on 1/25/2018. (REK)