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16-3501 - Brown v. Unknown Parties


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16-3501 - Brown v. Unknown Parties
May 11, 2017
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specific written objections with the Court. Signed by Magistrate Judge Bridget S Bade on 05/11/2017. (KAS)REPORT AND RECOMMENDATION - Recommending that the Amended Petition for Writ of Habeas Corpus (Doc. 5) be DENIED and 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 procedural ruling debatable. 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) of the Federal Rules of Appellate Procedure should not be filed until entry of the District Court's judgment. The parties shall have fourteen days from the date of service of a copy of this recommendation within which to file
June 5, 2017
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ORDER accepting 22 Magistrate Judge Bade's Report and Recommendation. The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 5) is denied and dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 6/5/17. (EJA)