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15-3191 - Clarke v. Hammer


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15-3191 - Clarke v. Hammer
October 6, 2015
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REPORT AND RECOMMENDATION 1. Clarke's petition for a writ of habeas corpus [ECF No. 1] be DENIED. 2. No certificate of appealability be granted. 3. Clarke's motion for appointment of counsel [ECF No. 8] is DENIED as moot. Objections to R&R due by 10/16/2015. Signed by Magistrate Judge Tony N. Leung on 10/6/15. cc: Clarke(JAM)
January 13, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Magistrate Judge Tony N. Leung's October 6, 2015 Report and Recommendation (Doc. No. 12) is ADOPTED. 2. Clark's petition for a writ of habeas corpus (Doc. No. 1)) is DENIED. 3. Clark should NOT be granted a Certificate of Appealability. 4. Clarke's motion for appointment of counsel (Doc. No. 8)) is DENIED as moot. 5. Petitioner's Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. No. 2) is DENIED AS MOOT. 6. This action is DISMISSED WITH PREJUDICE. (Written Opinion). Signed by Judge Donovan W. Frank on 1/13/2016. (BJS) CC: Clarke. (kt)