Cook #247620 v. Ryan et al
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|Date Filed||#||Document Text|
|December 11, 2015
ORDER and DENIAL OF CERTIFICATE OF APPEALABILITY AND IN FORMA PAUPERIS STATUS: IT IS THEREFORE ORDERED that Report and Recommendation of the Magistrate Judge (Doc. 25 ) is accepted. IT IS FURTHER ORDERED that the Clerk of the Court enter judgment de nying 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 the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Judge Neil V Wake on 12/07/2015. (REK)
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