Crihalmean #236344 v. Ryan et al
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|Date Filed||#||Document Text|
|October 4, 2013
ORDER that Petitioner's Motion for a Time Extension (Doc. 27 ) is granted to the extent Petitioner's objections received on August 5, 2013, are deemed timely. IT IS FURTHER ORDERED that the Report and Recommendation (Doc. 26 ) is accepted and adopted; Petitioner's objections (Doc. 28 ) are overruled, the Petition is denied and dismissed, with prejudice, and the Clerk of the Court shall enter judgment accordingly. IT IS FURTHER ORDERED that, in the event Petitioner files an appe al, and pursuant to Rule 11 of the Rules Governing Section 2254 Cases, the Court denies issuance of a certificate of appealability because dismissal of the Petition is based on a plain procedural bar and jurists of reason would not find this Court's decision debatable or wrong. Further, Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge James A Teilborg on 10/4/2013. (KMG)
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