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16-8195 - Greenberg v. Ryan et al


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16-8195 - Greenberg v. Ryan et al
March 15, 2017
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REPORT AND RECOMMENDATION recommending that the Court deny Petitioner's "Motion to Stay Petition for Writ of Habeas Corpus and Hold in Abeyance and Permit Amendment Upon Exhaustion of Pending State Court Petition" (Doc. 9). (See document for further details). Signed by Magistrate Judge Eileen S Willett on 3/14/17. (LAD)
April 10, 2017
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ORDER - IT IS ORDERED: 1. That Magistrate Judge Willett's Report and Recommendation (Doc. 12) is accepted and adopted by the Court; 2. That the reference to the Magistrate Judge is withdrawn as to Petitioner's Motion to Stay (Doc. 9) and the motion is denied; 3. That Petitioner shall have until May 8, 2017 to file a Reply in accordance with Judge Willet's November 17, 2016 Order (Doc. 8); and 4. That this matter shall remain referred to Magistrate Judge Eileen S. Willett pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. (See document for further details). Signed by Judge Steven P Logan on 4/10/17.(SLQ)
December 28, 2017
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REPORT AND RECOMMENDATION - IT IS RECOMMENDED that the Petition (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 undersigned does not find that jurists of reason would find it debatable that (i) the dismissal of a majority of Petitioner's habeas claims are justified by a plain procedural bar and (ii) Petitioner has not made a substantial showing of the denial of a constitutional right as to the remaining claims for relief. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. (See document for complete details). Signed by Magistrate Judge Eileen S Willett on 12/28/17. (SLQ)
January 22, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION accepting 15 Report and Recommendation. The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 1) is denied and dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied and the Clerk shall terminate this action. Signed by Judge Steven P Logan on 1/22/18. (DXD)