Martinez v. Ryan
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|Date Filed||#||Document Text|
|July 20, 2016
ORDER ADOPTING 43 Report and Recommendation of the Magistrate Judge. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Amended Petition for a Writ of Habeas Corpus, a Certificate of Appealab ility and leave to proceed in forma pauperis on appeal are denied because dismissal of the Petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable, and because Petitioner has not made a substantia l showing of the denial of a constitutional right. The Clerk shall enter judgment denying and dismissing Petitioner's Amended Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 9 ) with prejudice. The Clerk shall terminate this action. Signed by Senior Judge Neil V Wake on 7/19/16. (LSP)
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