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14-8219 - Price v. Ryan et al


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14-8219 - Price v. Ryan et al
September 11, 2015
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REPORT AND RECOMMENDATION re: 1 Petition for Writ of Habeas Corpus (State/2254) filed by James Lee Price, Jr. recommending that Grounds 1 and 4 be dismissed with prejudice. FURTHER RECOMMENDED that, in the alternative, Ground 1 be DENIED. FURTHER ORDERED that the remainder of the Petition be denied and the case dismissed with prejudice. The parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have fourteen (14) days within which to file a response to the objections. Signed by Magistrate Judge James F Metcalf on 9/11/15. (SJF)
January 28, 2016
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ORDER adopting in whole the 27 Report and Recommendation submitted by Judge Metcalf in this matter. Grounds One and Four of the Petition are dismissed with prejudice; Grounds Two and Three of the Petition are denied for lack of merit; the 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. Section 2254 is denied and dismissed. A certificate of appealability and leave to proceed in forma pauperis on appeal is denied, because the Court finds that dismissal of the Petition is justified by a plain procedural bar, and reasonable jurists would not find the ruling debatable. Signed by Judge John J Tuchi on 01/28/2016. (ATD)