Sernas v. Ryan et al
3:2018cv08149 |
June 6, 2019 |
US District Court for the District of Arizona |
Prescott Division Office |
Prisoner: Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
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Filing 30 ORDER ADOPTING REPORT AND RECOMMENDATION 20 . Petitioner's objections are overruled. The Court adopts the Report and Recommendation and denies and dismisses the Petition with prejudice. IT IS FURTHER ORDERED denying and dismissing with prejudice the 1 Petition Under 28 U.S.C. § 2254 For a Writ of Habeas Corpus By a Person in State Custody. IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to proceed in forma pauperis on appeal. The dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable, and Petitioner has not made a substantial showing of the denial of a constitutional right. IT IS FURTHER ORDERED directing the Clerk of Court to enter judgment accordingly. Signed by Senior Judge Susan R Bolton on 10/2/19. (GMP) |
Filing 21 ORDER: IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the order of this Court. IT IS FURTHER ORDERED denying the Petition for Writ of Habeas Corpus. IT IS FURTHER ORDERED denying any Certificate of Appealability and l eave to proceed in forma pauperis on appeal because Petitioner has not made a substantial showing of the denial of a constitutional right. IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. (See Order for further details). Signed by Senior Judge Susan R Bolton on 6/5/2019. (SST) |
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