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17-940 - Swan #253133 v. Ryan et al

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17-940 - Swan #253133 v. Ryan et al
April 16, 2018
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REPORT AND RECOMMENDATION recommending Petitioner's motions (Docs. 20, 23) be denied. FURTHER RECOMMENDED that Petitioner be permitted to file a Reply in support of his habeas petition within 28 days of this Report and Recommendation if no objection to this Report and Recommendation is filed. 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 Deborah M Fine on 4/13/18. (EJA)
May 17, 2018
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ORDER ADOPTING in Whole 28 REPORT AND RECOMMENDATION. ORDERED denying the Motion to Retract or Stay His Habeas Corpus (Doc. 20) and the letter construed as a Motion to Dismiss the Petition without prejudice (Doc. 23). FURTHER ORDERED that Petitioner may file a Reply within thirty days of this Order if he chooses to do so. Signed by Judge John J Tuchi on 5/17/18. (EJA)