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16-4070 - Ring #131722 v. Ryan et al


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16-4070 - Ring #131722 v. Ryan et al
January 22, 2018
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REPORT AND RECOMMENDATION recommending that 1 Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 be DENIED and DISMISSED WITH PREJUDICE. FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because the dismissal of the habeas petition is justified by a plain procedural bar and jurists of reason 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), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. See document for complete details. Signed by Magistrate Judge Michelle H Burns on 1/22/18. (EJA)
March 5, 2018
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of Court shall terminate this action. Signed by Judge Steven P Logan on 3/5/18. (EJA)ORDER ACCEPTING AND ADOPTING 19 Magistrate Judge's Report and Recommendation. The Petitioner's Objections (Doc. 20) are overruled. The Petition for Writ of Habeas Corpus (Doc. 1) is denied and this action is dismissed with prejudice. The Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable. The Clerk