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15-8043 - Borrud #232719 v. Ryan et al


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15-8043 - Borrud #232719 v. Ryan et al
January 21, 2016
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REPORT AND RECOMMENDATION - that Petitioner's Motion for Evidentiary Hearing, filed July 23, 2015 (Doc. 27) is DENIED. IT IS RECOMMENDED that the portion of Ground Six of the Petitioner's Petition for Writ of Habeas Corpus, filed March 30, 2015 (Doc. 1) asserting a claim of prejudice from a multiplicitous indictment be DENIED. IT IS FURTHER RECOMMENDED that the remainder of Petitioner's Petition for Writ of Habeas Corpus, filed March 30, 2015 (Doc. 1) be DISMISSED WITH PREJUDICE. IT IS FURTHER RECOMMENDED that, to the extent the foregoing findings and recommendations are adopted in the District Court's order, a Certificate of Appealability be DENIED. Signed by Magistrate Judge James F Metcalf on 1/21/2016. (KMG)
March 21, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION: The Magistrate Judge's Report and Recommendation (Doc. 41) is accepted and adopted by the Court; the Motion for Delayed Filing (Doc. 52) is granted; the Motion for Clarification (Doc. 50) is denied as moot; the Motion for Stay and Abeyance (Doc. 44) and the Motion for Judicial Notice (Doc. 54) are denied; the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 1) is denied and this action is dismissed with prejudice; a certificate of appealability and leave to proceed in forma pauperis on appeal are 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, and because jurists of reason would not find the court's assessment of the constitutional claim debatable or wrong; and the Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 3/21/17. (KGM)