Fernandez #199651 v. Ryan et al
| David Charles Fernandez, III |
| Attorney General of the State of Arizona and Charles L Ryan |
| 2:2013cv00355 |
| February 20, 2013 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Pinal |
| Michelle H Burns |
| Neil V Wake |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
32
ORDER ACCEPTING REPORT AND RECOMMENDATION 30 . IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying and dismissing petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1 ) with pre judice. The Clerk shall terminate this action. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because of plain procedural bar. (See document for further details). Signed by Judge Neil V Wake on 1/23/14. (LAD)
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Filing
30
REPORT AND RECOMMENDATION - IT IS THEREFORE RECOMMENDED that Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1 ) be DENIED and DISMISSED WITH PREJUDICE; IT IS FURTHER RECOMMENDED 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. (See document for further details). Signed by Magistrate Judge Michelle H Burns on 1/8/14. (LAD)
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