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16-794 - Stith #184299 v. Arizona, State of et al


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16-794 - Stith #184299 v. Arizona, State of et al
October 2, 2017
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REPORT AND RECOMMENDATION re: 10 Amended Petition for Writ of Habeas Corpus (State/2254). The Magistrate Judge recommends that the District Court enter an order Denying the petition for writ of habeas corpus. Claim (3) shouldbe denied on the merits. Claims (1), (2), and (4) are procedurally defaulted. Any party may serve and file written objections within 14 days of being served with a copy of this report and recommendation. Signed by Magistrate Judge Leslie A Bowman on 10/2/17. (See attached PDF for complete information.) (KAH)
January 22, 2018
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ORDER adopting Report and Recommendations re 28 the Magistrate Judge's Report and Recommendation. The Amended Petition (Doc. 10) is DENIED. 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 as to Claims One, Two, and Four. The Court issues a certificate of appealability as to Claim Three. Signed by Senior Judge David C Bury on 1/22/2018. (See attached Order for details) (KEP)