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17-1661 - Baker #079152 v. Ryan et al


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17-1661 - Baker #079152 v. Ryan et al
January 22, 2018
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REPORT AND RECOMMENDATION recommending that Motions to Amend (docs. 18 and 20) be GRANTED. RECOMMENDED that the Petition with Amendments for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (doc. 4) be DENIED and DISMISSED WITH PREJUDICE. RECOMMENDED that Petitioner's Motion to Withdraw Limited Response (doc. 23) be DENIED. RECOMMENDED that Motion to Raise the Showing of Cause and Prejudice (doc. 24) be DENIED. RECOMMENDED that Petitioner's Motion for Determined $30,000,000 Sanction (doc. 28) be DENIED. 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 ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. 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 John Z Boyle on 1/22/18. (EJA)
May 2, 2018
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ORDER: Petitioner's Motions to Amend 18 and 20 are granted. IT IS FURTHER ORDERED adopting in whole the R&R submitted by Judge Boyle 31. The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 4, as amended by Docs. 18, 20) is denied and dismissed with prejudice. Petitioner's Motion to Withdraw Limited Response 23 is denied. Petitioner's Motion to Raise the Showing of Cause and Prejudice 24 is denied. Petitioner's Motion for Determined $30,000,000 Sanction 28 is denied. Petitioner's Motion to Stay Petition 32 is denied. IT IS FURTHER ORDERED denying a certificate of Appealability and leave to proceed in forma pauperis in this matter because the dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. IT IS FURTHER ORDERED directing the Clerk of Court to enter judgment and terminate this matter. Signed by Judge John J Tuchi on 5/02/2018. (REK)