Kleinschmidt v. Ryan et al
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|Date Filed||#||Document Text|
|December 21, 2010
ORDER ACCEPTING REPORT AND RECOMMENDATIONS 11 . Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is denied and dismissed with prejudice. The Clerk of the Court shall terminate this action. Pursuant to Rule 11(a) of the Rules Governing S ection 2254 Cases, in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability becausereasonable jurists would not find the Courts procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Signed by Judge G Murray Snow on 12/21/10. (LAD)
|November 24, 2010
REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus (State/2254) filed by Kelly Scot Kleinschmidt; Recommending that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 be DENIED and DISMISSED WITH PREJUDICE. Tha t a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because the dismissal of the Petition is justified because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Magistrate Judge Edward C Voss on 11/23/10. (DMT)
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