Wilson v. Ryan et al
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|Date Filed||#||Document Text|
|August 11, 2015
ORDER that the REPORT AND RECOMMENDATION is Accepted In Part and Rejected In Part; that Petitioner's objections 53 are OVERRULED; that the Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody 1 is DE NIED; the Clerk shall enter judgment of dismissal, with prejudice. It is further ordered that pursuant to Rule 11 of the Rules Governing § 2254 Proceedings, in the event Movant files an appeal, the Court grants in part and denies in part Petiti oner's request for a certificate of appealability. Specifically, the Court grants a certificate of appealability as to the issue of cause for Petitioner's procedural default because jurists of reason could find this Court's ruling o n that issue debatable. The Court denies a certificate of appealability as to the issues of mootness and exhaustion because jurists of reason would not find this Courts ruling on those issues debatable (see attached PDF for further details). Signed by Senior Judge James A Teilborg on 8/10/2015. (ACL)
|October 2, 2014
ORDER withdrawing the reference to the Magistrate Judge for Docs. 14 and 16 . IT IS FURTHER ORDERED that the motion to convert this case to a civil rights complaint and to "drop" the habeas petition 14 is denied. FURTHER ORDERED that the motion for appointment of counsel 16 is denied. IT IS FINALLY ORDERED that the Clerk of Court must mail Petitioner a court-approved form for filing a civil rights complaint by a prisoner and a court-approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas). Signed by Senior Judge James A Teilborg on 10/2/2014. (ALS)
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