Camargo v. Ryan et al
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|Date Filed||#||Document Text|
|May 4, 2015
ORDER ADOPTING 38 Report and Recommendation of the Magistrate Judge. IT IS FURTHER ORDERED that the court's March 9, 2015 order (Doc. 26 ) temporarily vacating its March 4, 2015 order (Doc. 23 ) and the Clerk's Judgment (Doc. 24 ) is vacated. The court's March 4, 2015 order (Doc. 23 ) adopting the Magistrate Judge's initial Report and Recommendation (Doc. 19 ) is reinstated. The Clerk shall enter judgment denying and dismissing Petitioner's First Amended Petit ion for Writ of Habeas Corpus (Doc. 6 ). A certificate of appealability is granted on the following questions: (1) whether Petitioner's federal habeas petition should be considered timely under 28 U.S.C. § 2244(d), (2) whether Petitioners Fifth, Sixth, and Fourteenth Amendment rights were violated by the "constructive denial of the right to counsel," and (3) whether Petitioners Fifth, Sixth, and Fourteenth Amendment rights were violated by his PCR counsel's failure to raise the trial court's constructive denial of Petitioner's right to effective assistance of counsel. The certificate of appealability shall not certify any other questions (Ninth Circuit Case Number: 15-15622). Signed by Judge Neil V Wake on 5/4/15. (LSP)
|March 4, 2015
ORDER ACCEPTING 19 Amended Report and Recommendation of the Magistrate Judge. IT IS FURTHER ORDERED that a Certificate of Appealability is granted.The Clerk to enter judgment denying and dismissing Petitioners First Amended Petition (Doc. 6 ) with prejudice. The Clerk shall terminate this action. Signed by Judge Neil V Wake on 3/3/2015. (ACL)
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