Gonzalez #176281 v. Ryan et al
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|Date Filed||#||Document Text|
|October 27, 2017
ORDER and DENIAL OF CERTIFICATE OF APPEALABILITY AND IN FORMA PAUPERIS STATUS - IT IS THEREFORE ORDERED that the Report and Recommendation of the Magistrate Judge (Doc. 17 ) is accepted. IT IS FURTHER ORDERED that the Clerk of the Court enter judgme nt denying and dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1 ) with prejudice. The Clerk shall terminate this action. A request for a certificate of appealability and leave to procee d in forma pauperis on appeal is denied because appellant has not shown that "jurists of reason would find it debatable whether 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." Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. §2253(c)(2); Gonzalez v. Thaler, 132 S. Ct. 641, 648 (2012); Miller-El v. Cockrell, 537 U.S. 322, 327 (2003). (See document for further details). Signed by Senior Judge Neil V Wake on 10/26/17. (LAD)
|November 30, 2016
ORDER that the Report and Recommendation of the Magistrate Judge (Doc. 9 ) is rejected. FURTHER ORDERED that the Petition is referred again to Magistrate Judge Michelle Burns for a further Report and Recommendation on the merits of the Petition. See order for details. Signed by Senior Judge Neil V. Wake on 11/30/16. (NKS)
|October 19, 2016
REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1 ) be DENIED and DISMISSED WITH PREJUDICE; IT IS FURTHER RECOMMENDED that a Certificate of Ap pealability and leave to proceed in forma pauperis on appeal be DENIED because the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. The parties shall have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have fourteen days within which to file a response to the objections. Failure timely to file objections to the Magistrate Judges Report and Recommendation may result in the acceptance of the Report and Recommendation by the district court without further review. See document for further details. Signed by Magistrate Judge Michelle H Burns on 10/19/2016. (REK)
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