Todd v. Ryan et al
Charles Henry Todd |
Charles L Ryan, John Gray and Attorney General of the State of Arizona |
3:2013cv08189 |
July 16, 2013 |
US District Court for the District of Arizona |
Prescott Division Office |
Pinal |
David K Duncan (PS) |
Paul G Rosenblatt |
Prisoner: Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
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Filing 23 ORDER - Accepting and Adopting the Magistrate Judge's 20 Report and Recommendation. The petitioner's Amended Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody (Doc. 5 ) is denied and dismiss ed with prejudice. IT IS FURTHER ORDERED that a certificate of appealability shall not issue and leave to appeal in forma pauperis is denied because the dismissal of the petitioner's Amended Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable, and because the petitioner has not made a substantial showing of the denial of a constitutional right. The Clerk shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 06/28/15. (ATD) |
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