Smith #252757 v. Ryan et al
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|Date Filed||#||Document Text|
|August 12, 2016
ORDER that 17 Report and Recommendation is accepted or modified as specified in this order regarding the statute of limitations for filing the petition. The objections (Docs. 18 , 19 ) are resolved as specified in this order. The amended petitio n (Doc. 8 ) is denied and dismissed with prejudice and the Clerk shall enter judgment. Pursuant to Rule 11 of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court denies issuance of a certificate of appealability because dismissal of the petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable. Signed by Senior Judge James A Teilborg on 8/11/16. (LSP)
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