Dikes #150334 v. Ryan et al
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|Date Filed||#||Document Text|
|February 18, 2016
ORDER ACCEPTING REPORT AND RECOMMENDATION 18 as to the recommendation that the Petition be denied on procedural grounds; alternatively the Petition is denied on the merits; the objections (Doc. 20 ) are overruled; the Petition dismissed with pre judice and the Clerk of the Court shall enter judgment accordingly. IT IS FURTHER ORDERED that, in the event Petitioner files a notice of appeal, a certificate of appealability is denied because the Petition is barred by a plain procedural bar and jurists of reason would not find this Court's procedural decision debatable or wrong; further, Petitioner has failed to make a substantial showing of the denial of a constitutional right. Signed by Senior Judge James A Teilborg on 2/18/16. (LAD)
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