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16-4298 - Bianco v. Ryan et al

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16-4298 - Bianco v. Ryan et al
December 14, 2017
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REPORT AND RECOMMENDATION - IT IS RECOMMENDED that the Petition (Doc. 1) be DISMISSED WITH PREJUDICE. IT IS FURTHER RECOMMENDED that a certificate of appealability and leave to proceed in forma pauperis on appeal be denied because the dismissal of a majority of Petitioner's habeas claims are justified by a plain procedural bar. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. (See document for further details). Signed by Magistrate Judge Eileen S Willett on 12/14/17. (SLQ)
January 22, 2018
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ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION re: 21 Report and Recommendation. FURTHER ORDERED that the 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 is DENIED and DISMISSED WITH PREJUDICE. FURTHER ORDERED that pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because dismissal of the Petitioner is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable. IT IS FINALLY ORDERED that the Clerk of the Court shall terminate this action and enter judgment accordingly. Signed by Judge Diane J Humetewa on 1/22/2018. (ATD)