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07-734 - Ellis-Bey v. Steele


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07-734 - Ellis-Bey v. Steele
March 20, 2008
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MEMORANDUM For the reasons set forth above, the petition of Eddie S. Ellis-Bey for a writ of habeas corpus is denied. The action is dismissed with prejudice. An appropriate Order is issued herewith. Signed by Mag Judge David D. Noce on 3/20/08. (KXS)
March 20, 2008
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JUDGMENT ORDER IT IS HEREBY ORDERED that the petition of Eddie S. Ellis-Bey for a writ of habeas corpus is denied. The action is dismissed with prejudice. IT IS FURTHER ORDERED that the motions of petitioner Eddie S. Ellis-Bey to hold the petition in abeyance (Doc. 4), to amend (Doc. 7), to appoint counsel (Doc. 9), and to hold an evidentiary hearing (Doc. 21) are denied as moot. IT IS FURTHER ORDERED that the motion to voluntarily dismiss the action without prejudice (Doc. 28) is denied. IT IS FURTHER ORDERED that a certificate of appealability is denied, because there has been no showing of the denial of a constitutional right. 28 U.S.C. 2253(c). Signed by Mag Judge David D. Noce on 3/20/08. (KXS)