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07-933 - Headings #611161 v. Schmidt et al


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07-933 - Headings #611161 v. Schmidt et al
December 19, 2007
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REPORT AND RECOMMENDATION that Plaintiff's complaint be dismissed for failure to state a claim; objections to R&R due within 10 days; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh)
January 14, 2008
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(VACATED) ORDER AND JUDGMENT APPROVING and ADOPTING 6 REPORT AND RECOMMENDATION; DISMISSING 1 plaintiff's Complaint; Court discerns no good-faith basis for an appeal; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb) Modified text per Order 9 on 2/6/2008 (leh).
February 5, 2008
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FINAL ORDER VACATING 7 Order and Judgment of Jan. 14, 2008; granting 8 plaintiff's objections, denying 6 Report and Recommendation, VACATING 5 Order to Proceed IFP; Complaint 1 shall be construed as a Petition for Writ of Habeas Corpus; DENYING and DISMISSING WITH PREJUDICE 1 Petition for Writ of Habeas Corpus, denying a certificate of appealability as to all grounds asserted; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)