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04-1508 - Lukens v. Roper


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04-1508 - Lukens v. Roper
January 18, 2008
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REPORT AND RECOMMENDATIONS IT IS HEREBY RECOMMENDED that the petition of Jeffrey David Lukens for habeas corpus relief be denied. IT IS FURTHER RECOMMENDED that a certificate of appealability not be issued in this case. The parties are advised that they have 10 days, to and including 2/4/08, in which to file written objections to the R&R, unless an ext. of time for good cause is obtained, and that the failure to file timely objections may result in a waiver of the right to appeal questions of fact. 2 Objections to R&R due by 2/4/2008. Signed by Mag Judge Audrey G. Fleissig on 1/18/08. (CLA)
February 19, 2008
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ORDER IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge Audrey G. Fleissig [# 16] is sustained, adopted, and incorporated herein. IT IS FURTHER ORDERED that the petition of Jeffrey David Lukens for habeas corpus relief [# 2] is denied. IT IS FURTHER ORDERED that petitioner has failed to make a substantial showing of the denial of a constitutional right and the Court will not issue a certificate of appealability. See Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997). A separate judgment in accordance with this order will be entered this same date. 16 Signed by Honorable Carol E. Jackson on 2/19/08. (KXS)