Owens #170212 v. Ryan et al
| David Owens |
| Attorney General of the State of Arizona and Charles L Ryan |
| 3:2013cv08228 |
| September 13, 2013 |
| US District Court for the District of Arizona |
| Prescott Division Office |
| Pinal |
| Michelle H Burns (PS) |
| James A Teilborg |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
24
ORDER that the Report and Recommendation (Doc. 20 ) is accepted and adopted, and the objections (Doc. 23 ) are overruled. The Petition in this case is denied with prejudice, and the Clerk of the Court shall enter judgment accordingly. FURTHER ORDER ED that pursuant to Rule 11 of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court denies issuance of a Certificate of Appealability, because dismissal of the Petition is based on a plain procedural bar, and jurists of reason would not find this Court's procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Signed by Senior Judge James A Teilborg on 9/23/2014. (KMG)
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Filing
20
REPORT AND RECOMMENDATION recommending 1 Petitioner's Petition for Writ of Habeas Corpus (State/2254) be denied and dismissed with prejudice. IT IS FURTHER RECOMMENDED that a Certificate of Appealability 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. Signed by Magistrate Judge Michelle H Burns on 6/27/14. (LSP)
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