Arnold #253905 v. Ryan et al
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|Date Filed||#||Document Text|
|April 5, 2017
ORDER ADOPTING 38 Magistrate Judge's Report and Recommendation. The petitioner's First Amended Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (Doc. 8 ) is denied and that this action is dismissed with prejudice. IT IS FURTHER ORDERED that a Certificate of Appealability shall not issue and leave to proceed in forma pauperis on appeal is denied because the petitioner has not made a substantial showing of the denial of a constitutional right and because dismissal o f the petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. IT IS FURTHER ORDERED DENYING 40 Motion to Appoint Counsel filed by Frank John Arnold. The Clerk shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 04/05/2017. (KAS)
|July 28, 2016
REPORT AND RECOMMENDATION recommending 8 Amended Petition for Writ of Habeas Corpus (State/2254) filed by Frank John Arnold be denied and dismissed with prejudice. IT IS FURTHER RECOMMENDED that a Certificate of Appealability and leave to proce ed in forma pauperis on appeal be DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right and 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 Magistrate Judge Michelle H Burns on 7/27/16. (LSP)
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