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17-1132 - Salazar v. Ryan et al


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17-1132 - Salazar v. Ryan et al
January 18, 2018
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ORDER denying 24 Petitioner's Motion for Reconsideration filed by David Anthony Salazar. Signed by Senior Judge James A Teilborg on 01/17/2018. (KAS)
February 22, 2018
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REPORT AND RECOMMENDATION that the Petitioner's Petition for Writ of Habeas Corpus, filed April 17, 2017 (Doc. 1) be DISMISSED WITH PREJUDICE. IT IS 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. Signed by Magistrate Judge James F Metcalf on 02/22/2018. (KAS)
May 30, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS ORDERED that the Report and Recommendation (Doc. 28) is accepted and adopted; the objections (Doc. 31) are overruled. The Petition is denied with prejudice, and the Clerk of the Court shall enter judgment accordingly. IT IS FURTHER ORDERED that Pursuant to Rule 11 of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court denies issuance of a certificate of appealability, because dismissal of the Petition is based on a plain procedural bar, and jurists of reason would not find this Court's procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Further, Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. ยง 2253(c)(2). (See document for complete details). Signed by Senior Judge James A Teilborg on 5/29/18. (SLQ)