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17-1307 - Gauldin v. Ryan et al


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17-1307 - Gauldin v. Ryan et al
December 28, 2017
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REPORT AND RECOMMENDATION - IT IS THEREFORE RECOMMENDED that Shon Deray Gauldin's Petition for Writ of Habeas Corpus (Doc. 1) be denied and dismissed with prejudice. IT IS FURTHER RECOMMENDED that Petitioner's request for an evidentiary hearing be denied. IT IS FURTHER RECOMMENDED that a Certificate of Appealability 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. (See document for complete details). Signed by Magistrate Judge Charles R Pyle on 12/28/17. (SLQ)
May 10, 2018
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ORDER: The Magistrate Judge's Report and Recommendation 10 is accepted and adopted by the Court. Petitioner's Objections 13 are overruled. Petitioner's Request for an Evidentiary Hearing 9 is denied. The Petition for Writ of Habeas Corpus 1 is denied and this action is dismissed with prejudice. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable. The Clerk of Court shall terminate this case. Signed by Judge Steven P Logan on 5/10/2018. (REK)