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16-4570 - Parks v. Stolc, et al

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16-4570 - Parks v. Stolc, et al
May 2, 2018
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REPORT AND RECOMMENDATION: ORDERED denying Parks' Motion (Doc. 30), Motion for Order to Show Cause (Doc. 35), Motion to Dismiss Case (Doc. 36), and Motion Requesting Consideration of Newly Discovered Evidence (Doc. 40). RECOMMENDED that Edward F. Parks' Amended Petition for Writ of Habeas Corpus 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 dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the 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 David K Duncan on 5/2/18. (EJA)