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17-8076 - Costa v. Ryan

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17-8076 - Costa v. Ryan
March 2, 2018
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ORDER: The R&R of the Magistrate Judge 11 is ACCEPTED. IT IS FURTHER ORDERED that the Clerk of Court enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. ยง 2254 1 with prejudice. The Clerk shall terminate this action. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus and leave to proceed in forma pauperis on appeal are DENIED because dismissal of the Petition is justified by a plain procedural bar. Signed by Judge Douglas L Rayes on 3/02/2018. (REK)