Wheeler v. Ryan et al
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|Date Filed||#||Document Text|
|September 26, 2018
ORDER and DENIAL OF CERTIFICATE OF APPEALABILITY AND IN FORMA PAUPERIS STATUS: The Report and Recommendation of the Magistrate Judge 62 is accepted. Petitioner's Motion for Clarification 40 , and Motion to Strike Respondents' Answer 60 are denied as moot. Petitioner's Motion to Expand the Record and Request Discovery 33 , Motion for Deposition and Discovery 34 , Motion for Extension of Time to File Reply and Supporting Documents 43 , Motion to Expand the Record 44 , Motio n to Amend/Correct Appendi[x] A 46 , Motion for Extension of Time to File Supplemental Memorandum of Points and Authority 54 , and Motion to Expand the Record and Compel Disclosure 57 are denied. IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying and dismissing petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 22 with prejudice. The Clerk shall terminate this action. A request for a certificate of appealability is denied beca use 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. Signed by Senior Judge Neil V Wake on 9/26/2018. (REK)
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