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16-3522 - Cramer #124771 v. Arizona, State of et al

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16-3522 - Cramer #124771 v. Arizona, State of et al
February 28, 2017
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REPORT AND RECOMMENDATION re: 27 MOTION to Stay filed by David Cramer, 10 Amended Petition for Writ of Habeas Corpus (State/2254) filed by David Cramer. IT IS RECOMMENDED that the Amended Petition for Writ of Habeas Corpus (Doc. 10) be DENIED. IT IS FURTHER RECOMMENDED that Petitioner's motion to stay (Doc. 27) 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. Signed by Magistrate Judge Bridget S Bade on 2/28/17. (KGM)
May 23, 2017
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ORDER ADOPTING 29 REPORT AND RECOMMENDATION; the objections (Doc. 30) are overruled; the amended petition (Doc.10) is denied and dismissed with prejudice and the Clerk shall enter judgment accordingly. IT IS FURTHER ORDERED the motion to seal (Doc. 15) is denied; that the motion to stay (Doc. 27) is denied; and that the motion for summary judgment (Doc. 33) is denied. In the event Petitioner files an appeal, the Court denies issuance of a certificate of appealability because dismissal of the petition is based on a plain procedural bar and jurists of reason would not find this Court'sprocedural ruling debatable. Signed by Senior Judge James A Teilborg on 05/22/2017. (KAS)