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17-721 - Wright #102187 v. Ryan et al


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17-721 - Wright #102187 v. Ryan et al
April 6, 2018
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REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that Stanley Edward Wright's Petition for Writ of Habeas Corpus 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 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. The parties shall have fourteen days from the date of service of a copy of this recommendation with which to file specific written objections with the Court. Thereafter, the parties have fourteen days within which to file a response to the objections. Failure to timely file objections to the Magistrate Judge's Report and Recommendation may result in the acceptance of the Report and Recommendation by the district court without further review. Failure to timely file objections to any factual determinations of the Magistrate Judge will be considered a waiver of a party's right to appellate review of the findings of fact in an order or judgment entered pursuant to the Magistrate Judge's recommendation. Signed by Magistrate Judge David K Duncan on 4/06/2018. (REK)
May 1, 2018
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ORDER: Magistrate Judge Duncan's R&R 12 is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus 1 is DENIED AND DISMISSED WITH PREJUDICE. The Clerk of Court shall TERMINATE this action and enter judgment accordingly. Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's procedural ruling debatable. Signed by Judge G Murray Snow on 5/01/2018. (REK)