Ponsart #126180 v. Ryan et al
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|Date Filed||#||Document Text|
|July 30, 2015
ORDER ADOPTING REPORT AND RECOMMENDATION. It is ordered that Magistrate Judge Duncan's R&R 26 is accepted and adopted as the order of this Court; that the second amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 [19 ] is denied and dismissed with prejudice. IT IS FURTHER ORDERED that pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable (see attached PDF for further details). Signed by Judge Diane J Humetewa on 7/30/2015. (ACL)
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