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17-1809 - Baskin v. Ryan et al


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17-1809 - Baskin v. Ryan et al
February 20, 2018
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REPORT AND RECOMMENDATION recommending that 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2244 (doc. 1) be DENIED and DISMISSED WITH PREJUDICE. 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 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), 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 2/20/18. (EJA)
March 15, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION accepting 11 Report and Recommendation. The Petition for Writ of Habeas Corpus (Doc. 1) is denied and dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 3/14/18. (DXD)