Viola v. Escapule et al
| Giuseppe Viola |
| Laura Escapule and Thomas C Horne |
| 2:2014cv01073 |
| May 19, 2014 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Yuma |
| Michelle H Burns (PS) |
| Neil V Wake |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
17
ORDER that Magistrate Judge Boyle's R&R (Doc. 16 ) is accepted and adopted as the order of this Court. FURTHER ORDERED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1 ) is denied and dismissed with prejudi ce. 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. IT IS FINALLY ORDERED that the Clerk of Court shall terminate this action and enter judgment accordingly. Signed by Judge Diane J Humetewa on 8/18/2015. (KMG)
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