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05-020 - Ashton v. Roper


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05-020 - Ashton v. Roper
September 27, 2007
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REPORT AND RECOMMENDATIONS;... For the reasons set forth above, it is the recommendation of the undersigned United States Magistrate Judge that the petition of Shon Ashton for a writ of habeas corpus be denied. The parties are advised that they have ten (10) days in which to file written objections to this Report and Recommendation. The failure to file timely written objections may result in a waiver of the right to appeal issues of fact. Objections to R&R due by 10/9/2007; Signed by Judge David D. Noce on 09/27/2007;(DJO)
January 9, 2008
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OPINION, MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Petition for Shon A. Ashton for Writ of Habeas Corpus 1 pursuant to 28 USC 2254 is DENIED. IT IS FURTHER ORDERED that a Certificate of Appealability will not issue in that, as Petitioner has not made a substantial showing of the denial of a federal constitutional right. A separate judgment in accordance with this Memorandum and Order is entered this same date. Signed by Honorable Henry E. Autrey on 1/9/08. (TRC)
January 9, 2008
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JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Petition of Shon A. Ashton for Writ of Habeas Corpus is DENIED. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Court will not issue a Certificate of Appealability. Signed by Honorable Henry E. Autrey on 1/9/08. (TRC)