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15-8132 - Spurling # 248191 v. Ryan et al


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15-8132 - Spurling # 248191 v. Ryan et al
May 23, 2016
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REPORT AND RECOMMENDATION that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 1) 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 reasonable jurists would not find the ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Magistrate Judge John Z Boyle on 5/20/2016. (KMG)
June 14, 2016
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ORDER that Magistrate Judge Boyle's R&R (Doc. 20) is ACCEPTED, Petitioner's Sealed Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED, a Certificate of Appealability is DENIED, and Petitioner may not proceed in forma pauperis on appeal. The Clerk shall terminate this action. Signed by Judge Douglas L Rayes on 6/13/2016. (KMG)