Arriaga v. Arizona, State of et al
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|Date Filed||#||Document Text|
|March 9, 2010
ORDER FROM CHAMBERS ADOPTING REPORT AND RECOMMENDATION 23 and granting 19 Motion to Dismiss Case and denying without prejudice 1 Petition. IT IS FURTHER ORDERED that this court will not issue a Certificate of Appealability, because dismissal of the petition is justified by a plain procedural bar and jurists of reason would not find this issue debatable. If Arriaga wishes to appeal this decision, he must apply to the Court of Appeals for the necessary Certificate of Appealability. (LSP)
|February 9, 2010
REPORT AND RECOMMENDATION recommending 19 Respondents' MOTION to Dismiss be granted and recommending 1 Petition for Writ of Habeas Corpus be denied without prejudice and recommending 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 procedural ruling debatable. Signed by Magistrate Judge David K Duncan on 2/9/10. (LSP)
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