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17-701 - Caratachea v. Ryan et al

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17-701 - Caratachea v. Ryan et al
January 23, 2018
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REPORT AND RECOMMENDATION recommending that 1 Petitioner's Petition for Writ of Habeas Corpus, filed March 8, 2017 be DISMISSED WITH PREJUDICE. FURTHER RECOMMENDED that, to the extent the foregoing findings and recommendations are adopted in the District Court's order, a Certificate of Appealability be DENIED. 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 James F Metcalf on 1/23/18. (EJA)
May 11, 2018
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ORDER adopting the conclusions, reasoning and recommendation of the 25 Report and Recommendation. IT IS FURTHER ORDERED sustaining the 26 Objection of Respondents in this matter and overruling the 27 Objections of Petitioner. IT IS FURTHER ORDERED dismissing with prejudice the 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254. IT IS FURTHER ORDERED denying a certificate of appealability, upon a finding that dismissal is based on a plain procedural bar and that jurists of reason would not find that ruling debatable. The Clerk of Court is directed to enter judgment accordingly and close this matter. Signed by Judge John J Tuchi on 5/11/18. (MSA)