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06-1041 - Davis v. Purkett


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06-1041 - Davis v. Purkett
June 13, 2007
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REPORT AND RECOMMENDATION - IT IS HEREBY RECOMMENDED that the Sec. 2254 Petition filed by Petitioner be DISMISSED, with prejudice. Doc. 1 IT IS FURTHER RECOMMENDED that for the reasons stated herein, any motion byPetitioner for a certificate of appealability be DENIED.The parties are advised that Petitioner has eleven (11) days in which to file written objections to this Report and Recommendation pursuant to 28 U.S.C. Sec. 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 rightto appeal questions of fact. See Thompson v. Nix, 897 F.2d 356 (8th Cir. 1990). Signed by Judge Mary Ann L. Medler on 6/13/07. (LAH, )
September 26, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS IT IS HEREBY ORDERED that petitioner's objections to the magistrate judge's report and recommendation [Doc. #22] are overruled. IT IS FURTHER ORDERED that the report and recommendation [Doc. #15] is accepted and adopted. Re: 15 Report and Recommendations, 1 Petition for Writ of Habeas Corpus filed by Deaminges Davis. Signed by Honorable Donald J. Stohr on 9/26/2008. (NCL)
September 26, 2008
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JUDGMENT IT IS HEREBY ORDERED, ADJUDGED and DECREED that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254 is denied. IT IS FURTHER ORDERED, pursuant to §2253 and Slack v. McDaniel, 529 U.S. 473, 483-84 (2000), that no certificate of appealability shall issue from this Court. Signed by Honorable Donald J. Stohr on 9/26/2008. (NCL)