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14-8245 - Miller v. Ryan et al


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14-8245 - Miller v. Ryan et al
November 2, 2015
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REPORT AND RECOMMENDATION recommending 1 Petition for Writ of Habeas Corpus (State/2254) filed by Morgan Kenneth Miller 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 the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Magistrate Judge John Z Boyle on 11/2/15. (LSP)
January 22, 2016
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ORDER - IT IS ORDERED denying in dismissing with prejudice the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. Section 2254 (Doc. 1). IT IS FURTHER ORDERED adopting in whole the Report and Recommendation prepared in this matter (Doc. 18). IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to proceed in forma pauperis, as the dismissal of the instant Petition is justified by a plain procedural bar, and jurists of reason would not find the procedural ruling debatable. (See document for further details). Signed by Judge John J Tuchi on 1/22/16. (LAD)