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17-1207 - Colson #280679 v. Ryan et al


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17-1207 - Colson #280679 v. Ryan et al
February 27, 2018
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REPORT AND RECOMMENDATION recommending 11 Amended Petition for Writ of Habeas Corpus (State/2254) be denied as untimely and the Motion to Dismiss {Doc. 35) be denied as moot. A certificate of appealability and leave to proceed in forma pauperis on appeal be DENIED because the dismissal of the Second Amended Petition is justified by a plain procedural bar and reasonable jurists would not find the procedural ruling debatable. Signed by Magistrate Judge Bridget S Bade on 2/27/18. (DXD)
April 13, 2018
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ORDER: Magistrate Judge Bridget S. Bade's R&R (Doc. 40) is accepted. The second amended petition for writ of habeas corpus (Doc. 11) is denied with prejudice. A certificate of appealability is denied. The motion to dismiss for fraud (Doc. 35) is denied as moot. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 4/13/2018. (REK)