Morgal v. Ryan et al
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|Date Filed||#||Document Text|
|February 21, 2013
ORDER AND DENIAL OF CERTIFICATE OF APPEALABILITY - IT IS THEREFORE ORDERED that Report and Recommendation of the Magistrate Judge (Doc. 25 ) is accepted. IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying and dismissing petit ioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1 ). The Clerk shall terminate this action. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Peti tion for a Writ of Habeas Corpus, and Petitioner's Request for Certificate of Appealability (Doc. 30 ) the Court FINDS: Certificate of Appealability and leave to proceed in forma pauperis on appeal are Denied. With regard to Counts 4 and 9, the Petition lacks a substantial question. All other counts are procedurally defaulted. Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Judge Neil V Wake on 2/20/13. (LAD)
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