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14-1981 - Wyatt #233228 v. Ryan et al


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14-1981 - Wyatt #233228 v. Ryan et al
December 5, 2016
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REPORT AND RECOMMENDATION: It is recommended that the 1 Petition for Writ of Habeas Corpus (State/2254) filed by Julian Wyatt is denied. 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 reasonable jurists would not find the procedural ruling debatable. Pursuant to 28 U.S.C. ยง 636(b) and Rule 72(b)(2) of the Federal Rules of Civil Procedure, any party may serve and file written objections within fourteen (14) days after being served with a copy of this Report and Recommendation. Signed by Magistrate Judge Eric J Markovich on 12/5/2016. (BAR)
January 23, 2017
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ORDERED the 24 Report and Recommendation is accepted and adopted. Petitioner Wyatt's Petition for Writ of Habeas Corpus is dismissed with prejudice. A Certificate of Appealability is denied and shall not issue; and the Clerk of Court is directed to close the case. Signed by Judge Jennifer G Zipps on 1/20/2017.(BAR)