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17-532 - Bautista v. Ryan et al


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17-532 - Bautista v. Ryan et al
December 7, 2017
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REPORT AND RECOMMENDATION - IT IS THEREFORE RECOMMENDED that the Renewed Motion to Stay Proceedings (doc. 24) be DENIED. IT IS THEREFORE FURTHER RECOMMENDED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (doc. 1) be DENIED and 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 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. (See document for further details). Signed by Magistrate Judge John Z Boyle on 12/7/17. (SLQ)
March 7, 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 the Magistrate Judge's R&R (Doc. 28) is ACCEPTED and Petitioner's renewed motion to stay proceedings (Doc. 24) is DENIED. IT IS FURTHER ORDRED that the Clerk of Court enter judgment denying and dismissing Petitioners Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1) with prejudice. Additionally, without further order of the Court, 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 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. (See document for complete details). Signed by Judge Douglas L Rayes on 3/6/18. (SLQ)