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07-1084 - West v. Nixon et al

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07-1084 - West v. Nixon et al
December 19, 2008
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner's Petition under 28 USC 2254 for Writ of Habeas Corpus by a Person in State Custody 1 is DENIED, and his claim is DISMISSED with prejudice. A separate Order of Dismissal will accompany this Memorandum and Order. IT IS FURTHER ORDERED that because Petitioner cannot make a substantial showing of the denial of a constitutional right, the Court will not issue a certificate of appealability. See Cox v Norris, 133 F.3d 565, 569 (8th Cir. 1997), cert. denied, 525 U.S. 834 (1998). Signed by Honorable Jean C. Hamilton on 12/19/08. (TRC)