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17-8094 - Phillips v. Ryan et al


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17-8094 - Phillips v. Ryan et al
May 2, 2018
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REPORT AND RECOMMENDATION - IT IS THEREFORE ORDERED granting Phillips' Motion for Extension of Time to File Reply. (Doc. 12) IT IS FURTHER ORDERED denying Phillips' Motion for Documents and Transcripts. (Doc. 13) IT IS THEREFORE RECOMMENDED that Terrance Ardell Phillips' Petition for Writ of Habeas Corpus 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 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. (See document for complete details). Signed by Magistrate Judge David K Duncan on 5/2/18. (SLQ)
June 22, 2018
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denied because dismissal of the Petition is justified by a plain procedural bar. Signed by Judge Douglas L Rayes on 6/22/18. (MSA)ORDER ACCEPTING 15 REPORT AND RECOMMENDATION. The Clerk of Court is to enter judgment denying and dismissing 1 Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. ยง 2254 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, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are