Helms v. Ryan et al
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|Date Filed||#||Document Text|
|October 29, 2015
ORDER ADOPTING 12 the Magistrate Judge's Report and Recommendation. Petitioner's requests for an evidentiary hearing, discovery, and the appointment of counsel are denied. The Clerk of the Court shall enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1 ) with prejudice. The Clerk shall terminate this action. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus, 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 Petitioner has not made a substantial showing of the denial of a constitutional right in his remaining claims for relief. Signed by Judge Neil V Wake on 10/29/15. (EJA)
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