Ortega v. Ryan et al
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|Date Filed||#||Document Text|
|March 12, 2012
ORDER From Chambers ADOPTING REPORT AND RECOMMENDATION 25 . The petition is DENIED and dismissed with prejudice. IT IS FURTHER ORDERED that this court will not grant the Certificate of Appealability required by 28 U.S.C. § 2253(c), nor will it grant leave to proceed on appeal in forma pauperis, because dismissal of the petition is clearly warranted by a plain procedural bar, and jurists of reason would not find the procedural bar debatable. If petitioner desires to take an appeal he must request a Certificate of Appealabilty from the Court of Appeals. (DMT)
|January 24, 2012
REPORT AND RECOMMENDATION recommending 1 Petition for Writ of Habeas Corpus (State/2254) be DENIED and DISMISSED WITH PREJUDICE. That a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because the 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 Michelle H Burns on 1/24/12. (DMT)
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