Rushing v. Ryan et al
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|Date Filed||#||Document Text|
|November 22, 2017
ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS ORDERED the 51 Report and Recommendation is ADOPTED IN FULL. The petition for writ of habeas corpus is DENIED. The Clerk of Court shall enter judgment in favor of Respondents. IT IS FURTHER ORDERE D the 54 Motion to Stay is DENIED. IT IS FURTHER ORDERED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because dismissal of portions of the petition is justified by a plain procedural bar and ju rists of reason would not find the procedural ruling debatable and other portions of the petition do not make a substantial showing of the denial of a constitutional right. IT IS FURTHER ORDERED the 43 Motion to Publish is GRANTED. Signed by Senior Judge Roslyn O Silver on 11/22/2017. (ATD)
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