Ewing #266878 v. Ryan et al
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|Date Filed||#||Document Text|
|June 4, 2015
ORDER - IT IS ORDERED that the motion to reopen (construed by this Court to be part of Doc. 26 ) is granted; accordingly, this Court's prior Order and Judgment dismissing this case (Docs. 23 and 24 ) are vacated. IT IS FURTHER ORDERED that the Report and Recommendation (Doc. 22 ) is accepted and adopted; the objections are overruled (Doc. 26 ); to the extent the Court construed the objections as seeking leave to amend, leave to amend is denied; accordingly, the Clerk of the Court s hall enter judgment denying and dismissing the Petition, with prejudice. IT IS FINALLY ORDERED that pursuant to Rule 11 of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court denies issuance of a certificate of appealability because Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. Section 2253(c)(2). Signed by Senior Judge James A Teilborg on 06/04/15. (ATD)
|November 20, 2014
ORDER ACCEPTING 22 Report and Recommendation of the Magistrate Judge. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is denied and dismissed with prejudice. In the event Petitioner files an appeal, issuance of a certificate of a ppealability is denied because denial of the petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable. The Clerk shall enter judgment of dismissal with prejudice. Signed by Senior Judge James A Teilborg on 11/20/14. (LSP)
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