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15-8056 - Dikes v. Ryan et al


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15-8056 - Dikes v. Ryan et al
September 30, 2015
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utional right. Signed by Magistrate Judge Bridget S Bade on 9/30/15. (EJA)REPORT AND RECOMMENDATION recommending that 1 Petition for Writ of Habeas Corpus (State/2254) filed by Dennis LaPrell Dikes, II be denied. 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 reasonable jurists would not find the procedural ruling debatable and because Petitioner has not made a substantial showing of the denial of a constit
February 18, 2016
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ORDER ACCEPTING REPORT AND RECOMMENDATION 18 as to the recommendation that the Petition be denied on procedural grounds; alternatively the Petition is denied on the merits; the objections (Doc. 20) are overruled; the Petition dismissed with prejudice and the Clerk of the Court shall enter judgment accordingly. IT IS FURTHER ORDERED that, in the event Petitioner files a notice of appeal, a certificate of appealability is denied because the Petition is barred by a plain procedural bar and jurists of reason would not find this Court's procedural decision debatable or wrong; further, Petitioner has failed to make a substantial showing of the denial of a constitutional right. Signed by Senior Judge James A Teilborg on 2/18/16. (LAD)