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15-1015 - Fugate v. Bowersox

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15-1015 - Fugate v. Bowersox
January 29, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner David Ray Fugate's Petition under 28 U.S.C. ยง2254 for Writ of Habeas Corpus By a Person in State Custody (ECF No. 1) is DENIED. 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, 119 S. Ct. 89, 142 L. Ed. 2d 70 (1998). IT IS FINALLY ORDERED that Motion to Stay, Abey, Place in Hold Status (ECF No. 5) is DENIED. A judgment dismissing this case is filed herewith. Signed by District Judge Ronnie L. White on January 29, 2016. (BRP)