Carpenter #259939 v. Ryan et al
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|Date Filed||#||Document Text|
|November 30, 2016
ORDER ADOPTING REPORT AND RECOMMENDATION: the Report and Recommendation of the Magistrate Judge 21 is accepted; a request for a Certificate of Appealability is denied because Petitioner has not shown that jurists of reason would find it debatable w hether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling; the following portions of Petitioner's Amended P etition for Writ of Habeas Corpus 10 are denied: (1) the portion of Ground 1(a)(1) based upon counsel's failure to call witnesses; (2) the portion of Ground 1(a)(2) based upon counsel's failure to call a banking expert; and (3) Ground 1(a )(3) (ineffectiveness re documents); the remainder of Petitioner's Amended Petition for Writ of Habeas Corpus 10 is dismissed with prejudice; the Clerk shall enter judgment denying and dismissing Petitioner's Amended Petition 10 with prejudice; the Clerk shall terminate this action. Signed by Senior Judge Neil V Wake on 11/29/16. (REW)
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