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02-10460 - Perkins v. Russo

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02-10460 - Perkins v. Russo
October 31, 2008
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Chief Judge Mark L. Wolf: MEMORANDUM AND ORDER entered granting in part and denying in part 126 (1). Motion for Certificate of Appealability: Petitioner's Motion for a Certificate of Appealability (Docket No. 126) is DENIED with respect to petitioner's fifth ground, failure to disclose exculpatory information. (2). Petitioner's Motion for a Certificate of Appealability is ALLOWED with respect to petitioner's sixth ground, subornation of perjury. (3). The denial of the petitioner's request for a certificate of Appealability on his fifth ground does not preclude petitioner from seeking a COA from the Court of Appeals for the First Circuit. See Fed. R. App. Proc. 22(b)(1) ("If the district judge has denied the certificate, the applicant may request a circuit judge to issue the certificate"). (Boyce, Kathy)