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17-1059 - Nigro v. Ryan et al


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17-1059 - Nigro v. Ryan et al
February 22, 2018
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REPORT AND RECOMMENDATION recommending that 1 Petition be DENIED as untimely. 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 procedural ruling debatable. 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 2/21/18. (EJA)
April 5, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION re: 13 Report and Recommendation. The Petition (Doc. 1) is DENIED as untimely. Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable, and Petitioner has not made a substantial showing of the denial of a constitutional right. The Clerk shall terminate this action and enter judgment accordingly. Signed by Judge Diane J Humetewa on 4/4/18. (DXD)