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17-2194 - Cuen #057106 v. Ryan et al


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17-2194 - Cuen #057106 v. Ryan et al
March 16, 2018
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REPORT AND RECOMMENDATION - IT IS RECOMMENDED that the Petition (Doc. 1) be DISMISSED WITH PREJUDICE. IT IS FURTHER RECOMMENDED that a certificate of appealability and leave to proceed in forma pauperis on appeal be denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find it debatable whether the Court was correct in its procedural ruling. 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 Eileen S Willett on 3/15/18. (SLQ)
June 12, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS ORDERED that the Report and Recommendation (Doc. 15) is accepted; the objections (Doc. 16) are overruled, the Petition is denied and dismissed with prejudice and the Clerk of the Court shall enter judgment accordingly. IT IS FURTHER ORDERED that, in the event Petitioner files an appeal, the Court denies issuance of a certificate of appealability because dismissal of the petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). (See document for complete details). Signed by Senior Judge James A Teilborg on 6/11/18. (SLQ)