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16-3904 - Soto-Portillo v. Ryan et al


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16-3904 - Soto-Portillo v. Ryan et al
February 23, 2018
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REPORT AND RECOMMENDATION - IT IS THEREFORE RECOMMENDED that Ground Three of the Petitioner's Petition for Writ of Habeas Corpus, filed November 9, 2016 (Doc. 1) be DISMISSED WITHOUT PREJUDICE. IT IS FURTHER RECOMMENDED that the remainder of the Petitioner's Petition for Writ of Habeas Corpus, filed November 9, 2016 (Doc. 1) be DENIED. IT IS 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. (See document for further details). Signed by Magistrate Judge James F Metcalf on 2/23/18. (LAD)
May 3, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS ORDERED: 1. Magistrate Judge James F. Metcalf's R&R (Doc. 26) is accepted. 2. Ground Three of Petitioner's petition for writ of habeas corpus (Doc. 1) is dismissed without prejudice. The remainder of the petition (Doc. 1) is denied. 3. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. 4. The Clerk shall terminate this action. (See document for complete details). Signed by Judge David G Campbell on 5/3/18. (SLQ)