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16-8067 - Evans v. Ryan et al


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16-8067 - Evans v. Ryan et al
June 14, 2016
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REPORT AND RECOMMENDATION : recommending that the 1 Petition for Writ of Habeas Corpus be dismissed without prejudice; and recommending that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be denied because dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable. Signed by Magistrate Judge Bridget S Bade on 6/14/16. (REW)
August 15, 2016
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ORDER ADOPTING 16 Report and Recommendation of the Magistrate Judge. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED. The Clerk shall enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. ยง 2254, (Doc. 1), with prejudice, and shall terminate this action. Signed by Judge Douglas L Rayes on 8/12/16. (LSP)