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05-322 - Moore v. Luebbers


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05-322 - Moore v. Luebbers
December 5, 2007
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REPORT AND RECOMMENDATIONS IT IS HEREBY RECOMMENDED that petitioner Joseph Moore's Petition for Writ of Habeas Corpus be dismissed without further proceedings. The parties are advised that they have to and including December 17, 2007, to file objections to this Report and Recommendation. See 28 U.S.C. ยง 636(b)(1). Failure to timely file objections may result in waiver of the right to appeal questions of fact. Thompson v. Nix, 897 F.2d 356, 357 (8th Cir. 1990) re 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.00.) filed by Joseph A. Moore. Objections to R&R due by 12/17/2007. Signed by Mag Judge Frederick R Buckles on 12/5/07.(JWJ) Modified on 12/6/2007 (NCL).
March 20, 2008
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ORDER; IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge Frederick R. Buckles 10 is sustained, adopted, and incorporated herein. IT IS FURTHER ORDERED that the petition of Joseph Moore for habeas corpus relief 1 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. Signed by Honorable Carol E. Jackson on 03/20/2008; (DJO)