Foster v. Ryan et al
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|Date Filed||#||Document Text|
|July 11, 2012
ORDER ADOPTING REPORT AND RECOMMENDATIONS 32 : IT IS FURTHER ORDERED that the portion of Petitioner's Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 asserting a claim under Anders v. California, 368 U.S. 738 (1967 ) is DENIED WITH PREJUDICE ON THE MERITS. (Doc. 7.) The remainder of Petitioner's Amended Petition is procedurally barred and DISMISSED WITH PREJUDICE. (Doc. 7.) The Clerk of Court shall terminate this action accordingly. IT IS FURTHER ORDERED DENYING, pursuant to 28 U.S.C. § 2253 (c)(2), issuance of a certificate of appealability on any of Petitioner's claims based on the reasons provided in the Report and Recommendation of Magistrate Judge James F. Metcalf. (Doc. 32.) IT IS FURTHER ORDERED that the Clerk of the Court shall send a copy of this Order to all parties as well as to Magistrate Judge James F. Metcalf. Signed by Senior Judge Stephen M McNamee on 7/11/12. (LAD)
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