Balas v. Unknown Party et al
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|Date Filed||#||Document Text|
|August 2, 2011
ORDER that the Magistrate Judge's 20 Report and Recommendation is accepted and adopted by the Court; that the petitioner's [Amended] Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody (Doc. 10) i s denied and that this action is dismissed with prejudice; that no Certificate of Appealability shall issue and that the petitioner is not authorized authorized to appeal in forma pauperis because the dismissal of the petitioner's habeas petitio n is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable, and because the petitioner has not made a substantial showing of the denial of a constitutional right. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. Signed by Judge Paul G Rosenblatt on 08/02/11. (ESL)
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