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15-8082 - Follansbee #226710 v. Ryan et al

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15-8082 - Follansbee #226710 v. Ryan et al
August 26, 2016
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REPORT AND RECOMMENDATION - IT IS THEREFORE RECOMMENDED that Clifford Allen Follansbee's Petition for Writ of Habeas Corpus 1 be denied and dismissed with prejudice. FURTHER RECOMMENDED that a Certificate of Appealability be denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. IT IS FURTHER RECOMMENDED that Follansbee's Motion for Evidentiary Hearing (Doc. 21) be denied as moot. Signed by Magistrate Judge Deborah M Fine on 8/26/2016. (See Order for complete details.)(KMG)
March 22, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION: Magistrate Judge Fine's R & R, (Doc. 22), is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254, (Doc. 1), is DENIED and DISMISSED WITH PREJUDICE. Petitioner's Motion for Evidentiary Hearing, (Doc. 21), is DENIED AS MOOT. The Clerk of Court shall terminate this action and enter judgment accordingly. Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's procedural ruling debatable. Signed by Judge G Murray Snow on 3/22/17. (KGM)