Smith #225948 v. Ryan et al
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|Date Filed||#||Document Text|
|December 12, 2013
ORDER ADOPTING REPORT AND RECOMMENDATION, the Report and Recommendation 36 is accepted and adopted, the objections 43 are overruled, the requests for an evidentiary hearing and for appointment of counsel 43 are denied; the Petition in this case is denied with prejudice, and the Clerk shall enter judgment accordingly; Petitioner's Motion to Expedite Granting of Objections 45 is denied; in the event the Petitioner files an appeal, the Court denies issuance of a Certificate of Appealab ility because dismissal of the petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable; further, the Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge James A Teilborg on 12/12/13. (REW)
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