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04-1799 - Childers v. Moore


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04-1799 - Childers v. Moore
January 24, 2008
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REPORT AND RECOMMENDATIONS re 2 IT IS HEREBY RECOMMENDED that Petitioner John E. Childers pro se petition forwrit of habeas corpus pursuant to 28 U.S.C. § 2254 (filed December 27, 2004/Docket No. 2) bedismissed without further proceedings.The parties are advised that they have eleven (11) days in which to file written objections tothis Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1), unless an extension of time forgood cause is obtained. Failure to timely file objections may result in a waiver of the right to appealquestions of fact. Thompson v. Nix, 897 F.2d 356, 357 (8th Cir. 1990) PETITION for Writ of Habeas Corpus filed by John E. Childers Objections to R&R due by 2/11/2008. Signed by Mag Judge Terry I. Adelman on 1/24/08. (CQL)
March 18, 2008
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ORDER -....IT IS HEREBY ORDERED that petitioner's objections [Doc. #16] are overruled, and the magistrate judge's report [Doc. #13], as modified herein, is accepted and his recommendation is adopted. for 2 Petition for Writ of Habeas Corpus filed by John E. Childers, 13 Report and Recommendations,. Signed by Honorable Donald J. Stohr on 3/18/2008. (MRC)
March 18, 2008
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JUDGMENT - Pursuant to the order entered herein this day, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the instant petition for a writ of habeas corpus pursuant to 28 USC 2254 is denied. IT IS FURTHER ORDERED, pursuant to 2253 and Slack v. McDaniel, 529 U.S. 473,483-84 (2000), that no certificate of appealability shall issue from this Court.. Signed by Honorable Donald J. Stohr on 3/18/2008. (MRC)