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17-220 - Lewis v. Ryan et al


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17-220 - Lewis v. Ryan et al
September 22, 2017
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ORDER and REPORT AND RECOMMENDATION: ORDERED that Petitioner's motion for new DNA and fingerprint testing(Doc. 8) and motion for judicial notice (Doc. 10) are DENIED. RECOMMENDED that the Petition for Writ of Habeas Corpus (Doc. 1) be DENIED. FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. 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) of the 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 Bridget S Bade on 9/22/17. (EJA)
February 1, 2018
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ORDER ACCEPTING 15 REPORT AND RECOMMENDATION. The objections (Docs. 18 & 19) are overruled. The Clerk of the Court shall enter judgment denying and dismissing the Petition, with prejudice. ORDERED that pursuant to Rule 11 of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court denies issuance of a certificate of appealability because dismissal of portions of the petition is based on a plain procedural bar and jurists would not find this Court's procedural ruling debatable, see Slack v. McDaniel, 529 U.S. 473, 484 (2000), and Petitioner has not made a substantial showing of the denial of a constitutional right, see 28 U.S.C. ยง 2253(c)(2). Signed by Senior Judge James A Teilborg on 2/1/18. (EJA)