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17-005 - Brennan v. Warden


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17-005 - Brennan v. Warden
January 10, 2017
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REPORT AND RECOMMENDATIONS: It is recommended that the 1 Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, be dismissed without prejudice due to petitioner's failure to comply with 28 U.S.C. § 2244(b)(3)(A). Petitioner is not entitled to a certificate of appealability and, therefore, he is not entitled to appeal in forma pauperis. The 2 Motion for Leave to Proceed in forma pauperis is denied. Objections to R&R due 14 days from the date of service of this document. Signed by Magistrate Judge William E. Cassady on 1/10/2017. Copy mailed to Petitioner. (nah)
March 6, 2017
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ORDER ADOPTING the 3 REPORT AND RECOMMENDATIONS. Signed by District Judge William H. Steele on 3/6/2017. Copy mailed to Petitioner. (tgw)
March 6, 2017
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JUDGMENT: It is hereby ORDERED, ADJUDGED, and DECREED that Thomas G. Brennan's petition for writ of habeas corpus be dismissed without prejudice due to petitioner's failure to comply with 28 U.S.C. § 2244(b)(3)(A). Petitioner is not entitled to a certificate of appealability and, therefore, he is not entitled to appeal in forma pauperis. Signed by District Judge William H. Steele on 3/6/2017. Copy mailed to Petitioner. (tgw)