Garcia #243523 v. Ryan et al
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|Date Filed||#||Document Text|
|December 20, 2017
ORDER: Magistrate Judge Duncan's R&R 17 is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus 1 is DENIED and DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that a Certificate of Appealability and leave to proceed in forma paupe ris on appeal are DENIED because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. The Clerk of Court shall terminate this case. Signed by Judge Douglas L Rayes on 12/20/2017. (REK)
|October 31, 2017
REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that Roberto Ramirez Garcia's Petitionfor Writ of Habeas Corpus be denied and dismissed with prejudice. IT IS FURTHER RECOMMENDED that a Certificate of Appealability be denied because dismi ssal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal p ursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the District Court's judgment. The parties shall have fourteen (14) 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 (14) days within which to file a response to the objections. Failure to timely file objections to the Magistrate Judge's Report and Recommendation may result in the acceptance of the Report and Recommendation by the District Court without further review. Failure to timely file objections to any factual determinations of the Magistrate Judge will be considered a waiver of a party's right to appellate review of the findings of fact in an order or judgment entered pursuant to the Magistrate Judge's recommendation. Signed by Magistrate Judge David K Duncan on 10/31/2017. (REK)
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