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16-8075 - Carillo-Rodriguez v. Ryan et al


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16-8075 - Carillo-Rodriguez v. Ryan et al
January 10, 2017
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REPORT AND RECOMMENDATION recommending that 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. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the District Court's judgment. Signed by Magistrate Judge Deborah M Fine on 1/9/17. (EJA)
February 3, 2017
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ORDER accepting 14 Magistrate Judge Fine's Report and Recommendation. The Petition for Writ of Habeas Corpus (Doc. 1) is denied and this action is dismissed with prejudice. 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 2/3/17. (EJA)