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07-974 - Armstrong #537115 v. Smith


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07-974 - Armstrong #537115 v. Smith
January 11, 2008
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REPORT AND RECOMMENDATION that Petitioner's Motion to withdraw his unexhausted claims 8 be granted, and further that the habeas corpus petition be summarily dismissed pursuant to Rule 4 because it fails to raise a meritorious federal claim; objections to R&R due within 10 days; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh)
February 11, 2008
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ORDER AND JUDGMENT APPROVING AND ADOPTING 10 REPORT AND RECOMMENDATION; granting 8 petitioner's motion to withdraw unexhausted claims and DISMISSING 1 Petition for Writ of Habeas Corpus; denying a certificate of appealability as to each issue raised; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)