Miller #051631 v. Ryan et al
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|Date Filed||#||Document Text|
|April 14, 2017
ORDER - IT IS THEREFORE ORDERED that the Report and Recommendation (Doc. 31 ) is adopted except to the extent stated otherwise in this order. IT IS FURTHER ORDERED that the Clerk of the Court enter judgment dismissing this Petition (Doc. 1 ) with p rejudice. The Clerk shall terminate this case. The request for a certificate of appealability is denied because appellant has not shown that "jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. § 2253(c)(2); Gonzalez v. Thaler, 132 S. Ct. 641, 648 (2012); Miller-El v. Cockrell, 537 U.S. 322, 327 (2003). (See document for further details). Signed by Senior Judge Neil V Wake on 4/14/17. (LAD)
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