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17-2160 - Martin #263504 v. Ryan et al

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17-2160 - Martin #263504 v. Ryan et al
April 17, 2018
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REPORT AND RECOMMENDATION recommending that 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 1) be denied and dismissed with prejudice. FURTHER RECOMMENDED that a Certificate of Appealability be denied because dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the procedural 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) of the 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 David K Duncan on 4/17/18. (EJA)