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15-8160 - Hadnot v. Ryan et al


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15-8160 - Hadnot v. Ryan et al
February 23, 2016
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REPORT AND RECOMMENDATION: recommending that the Amended Petition for Writ of Habeas Corpus 7 be denied; recommending 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. Signed by Magistrate Judge Bridget S Bade on 2/23/16. (REW)
April 26, 2016
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ORDER ACCEPTING and ADOPTING 13 Magistrate Judge's Report and Recommendation. ORDERED that petitioner's Amended Petition Under 28 U.S.C. ยง 2254 for a Writ of Habeas Corpus by a Person in State Custody (Doc. 7) is denied and that this action is dismissed. The Clerk of the Court shall enter judgment accordingly. FURTHER ORDERED that no certificate of appealability shall be issued and that the petitioner is not entitled to appeal in forma pauperis because dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the procedural ruling debatable. Signed by Senior Judge Paul G Rosenblatt on 4/26/16. (EJA)