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16-4185 - Montoya v. Ryan et al

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16-4185 - Montoya v. Ryan et al
June 2, 2017
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REPORT AND RECOMMENDATION - IT IS THEREFORE RECOMMENDED that the Petitioner's Petition for Writ of Habeas Corpus, filed December 2, 2016 (Doc. 1) be DISMISSED WITH PREJUDICE. 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 6/1/17. (SLQ)
June 29, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION accepting 10 Report and Recommendation. The Clerk shall enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. ยง 2254 (Doc. 1) with prejudice and terminate this action. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a 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. Signed by Judge Douglas L Rayes on 6/29/17. (DXD)