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05-418 - Thomas v. Purkett

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05-418 - Thomas v. Purkett
December 17, 2007
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REPORT AND RECOMMENDATIONS re 1 PETITION for Writ of Habeas Corpus filed by Johnnie Thomas. IT IS HEREBY RECOMMENDED that the petition of Johnnie Thomas for habeas corpus relief be DENIED. IT IS FURTHER RECOMMENDED that a Certificate of Appealability not be issued in this case. Objections to R&R due by 1/7/2008. Signed by Mag Judge Audrey G. Fleissig on 12/17/07. (TRC)
January 23, 2008
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ORDER IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge Audrey G. Fleissig [# 10] is sustained, adopted, and incorporated herein. IT IS FURTHER ORDERED that the petition of Johnnie Thomas for a writ of habeas corpus [# 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). 10 Signed by Honorable Carol E. Jackson on 1/23/08. (KXS)