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05-1696 - Sanfilippo v. Purkett

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05-1696 - Sanfilippo v. Purkett
August 27, 2008
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REPORT AND RECOMMENDATIONS re 1 PETITION for Writ of Habeas Corpus filed by Erik T. Sanfilippo. IT IS HEREBY RECOMMENDED that the petition of Erik T. Sanfilippo for a writ of habeas corpus under 28 U.S.C. § 2254 be denied.IT IS FURTHER RECOMMENDED that no certificate of appealability be issued.The parties are advised that they have eleven (11) days, until September 8, 2008, to file written objections to this Report and Recommendation pursuant to 28 U.S.C. § 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, 357 (8th Cir.1990). Objections to R&R due by 9/8/2008 Signed by Mag Judge Lewis M. Blanton on 8/27/08. (RDA)
September 18, 2008
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Report and recommendation filed on August 27, 2008 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner Erik Sanfillipo's Petition for Writ of Habeas Corpus is DENIED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. A separate Judgment in accordance with this Memorandum and Order is entered this same date. Signed by Honorable Rodney W. Sippel on 9/18/08. (KJF, )