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06-068 - Devine v. Purkett

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06-068 - Devine v. Purkett
November 5, 2008
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REPORT AND RECOMMENDATIONS re 1 PETITION for Writ of Habeas Corpus filed by Darrell Devine. RECOMMENDED that the 28 U.S.C. ยง 2254 petition of Darrell Devine be DENIED without further proceedings. Objections to R&R due by 11/17/2008. Signed by Mag Judge Thomas C. Mummert, III on 11/5/08. (KLH)
December 5, 2008
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MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge Thomas C. Mummert [Doc. #12] is sustained, adopted, and incorporated herein. IT IS FURTHER ORDERED that the petition of Darrell Devine for writ of habeas corpus [Doc. #3] 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). 1 12 Signed by Honorable Carol E. Jackson on 12/5/08. (KXS) Modified on 12/5/2008 (KXS).