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14-8148 - Vanheemskerck v. Ryan et al


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14-8148 - Vanheemskerck v. Ryan et al
November 24, 2015
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REPORT AND RECOMMENDATION recommending 4 Amended Petition be DENIED and 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 Ground Two is justified by a plain procedural bar and Petitioner has not made a substantial showing of the denial of a constitutional right in her remaining claim for relief. See document for details. Signed by Magistrate Judge Eileen S Willett on 11/23/15. (EJA)
January 15, 2016
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ORDER accepting and adopting 15 the Magistrate Judges Report and Recommendation. Petitioner's Petition Under 28 U.S.C. ยง 2254 for a Writ of Habeas Corpus by a Person in State Custody (Doc. 4) is Denied and that this action is dismissed with prejudice. The Clerk of the Court shall enter judgment accordingly. FURTHER ORDERED that no certificate of appealability shall be issued and that the petitioner is not entitled to appeal in forma pauperis because dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the procedural ruling debatable and because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge Paul G Rosenblatt on 1/14/16. (EJA)