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05-1144 - Brooks v. Dormire


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05-1144 - Brooks v. Dormire
January 9, 2006
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MEMORANDUM AND ORDER: Petitioner's Motion for Appointment of Counsel 4 is DENIED. If the Court later determines that counsel is necessary, the appropriate order will be issued. Petitioner's Motion for a Stay and Abeyance 18 is DENIED. . Signed by Judge Terry I. Adelman on 1/9/06. (KKS, )
June 17, 2008
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REPORT AND RECOMMENDATIONS IT IS HEREBY RECOMMENDED that the petition of Larry Brooks for a writ of habeascorpus be DISMISSED without further proceedings. The parties are advised that they have until June 28, 2008 in which to file written objections to this Report and Recommendation pursuant to 28 U.S.C. ยง 636(b)(1), unless an extension of time for good cause is obtained, and that failure to file timely objections may result in a waiver of the right to appeal questions of fact. See Thompson v. Nix, 897 F.2d 356 (8th Cir. 1990). re 1 PETITION for Writ of Habeas Corpus filed by Larry Brooks Objections to R&R due by 6/28/2008. Signed by Mag Judge Terry I. Adelman on 6/17/08. (KKS)
August 4, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge Terry I. Adelman [#39] is sustained, adopted, and incorporated herein. IT IS FURTHER ORDERED that the petition of Larry Brooks 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). 39 1 Signed by Honorable Carol E. Jackson on 8/4/08. (KXS)