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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)
June 22, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION and DENIAL OF CERTIFICATE OF APPEALABILITY AND IN FORMA PAUPERIS STATUS - IT IS ORDERED that Report and Recommendation of the Magistrate Judge (Doc. 41) is accepted. 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 the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. IT IS FURTHER ORDERED that the Clerk of the Court 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. Petitioner's motion for new trial (Doc. 44) is dismissed as moot. The Clerk shall 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. (See document for complete details). Signed by Judge Douglas L Rayes on 6/22/18. (SLQ)