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15-8124 - Gould #259052 v. Ryan et al

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15-8124 - Gould #259052 v. Ryan et al
January 24, 2017
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ORDER: The Report and Recommendation (Doc. 21) is accepted and adopted by the Court. The Petitioner's Petition Under 28 U.S.C. ยง 2254 for a Writ of Habeas Corpus by a Person in State Custody is denied and that this action is dismissed with prejudice. IT IS FURTHER ORDERED that a certificate of appealability shall not be issued and leave to appeal in forma pauperis is denied because the petitioner has not made a substantial showing of the denial of a constitutional right and because the dismissal of the petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 1/24/2017. (REK)