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08-741 - Barge v. Miller


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08-741 - Barge v. Miller
October 28, 2008
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REPORT AND RECOMMENDATIONS - IT IS HEREBY RECOMMENDED that the Petition filed by Petitioner for habeas corpus pursuant to 28 U.S.C. § 2254 be DENIED and that it be DISMISSED; Doc. 1. IT IS FURTHER RECOMMENDED that for the reasons stated herein, any motion by Petitioner 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. § 636(b)(1), unless an extension of timefor 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 (8th Cir. 1990). Signed by Mag Judge Mary Ann L. Medler on 10/28/08. (KJF, )
November 13, 2008
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MEMORANDUM OPINION - ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS HEREBY ORDERED that Judge Medler's report and recommendation 10 filed on October 28, 2008 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner Crystal Barges Petition for Writ of Habeas Corpus 1 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 11/13/08. (KJF, )