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14-2140 - Escobar v. Ryan et al

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14-2140 - Escobar v. Ryan et al
June 8, 2016
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REPORT AND RECOMMENDATION: For the foregoing reasons, the District Court, after its independent review, should dismiss Petitioner's Petition under 28 U.S.C. ยง 2254 for a Writ of Habeas Corpus (Doc.1) because the Petition is procedurally defaulted. Any party may serve and file written objections within FOURTEEN (14) DAYS after being served with a copy of this Report and Recommendation. A party may respond to another party's objections within FOURTEEN (14) DAYS after being served with a copy. No replies to objections shall be filed unless leave is granted from the District Court to do so. If objections are filed, the parties should use the following case number: CV 14-2140-TUC-DCB. Signed by Magistrate Judge Bernardo P Velasco on 6/7/2016. (See Attached)(SIB)
August 1, 2016
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ORDER adopting Report and Recommendations 15, as the opinion of the Court. IT IS FURTHER ORDERED that the Petition (Doc. 1) is dismissed, and the Clerk of the Court shall enter judgment accordingly. IT IS FURTHER ORDERED that 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 Senior Judge David C Bury on 7/27/2016. (SIB)