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07-338 - JOHNSON v. HAYNES


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07-338 - JOHNSON v. HAYNES
March 11, 2008
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RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE P. TREVOR SHARP on 3/11/2008. For reasons set forth above, IT IS RECOMMENDED the State's motion for summary judgment (Pleading No. 5) be granted, that Petitioner Johnson's motion for summary judgment (Pleading No. 13) be denied, and that this action be dismissed. Objections to R&R due by 3/28/2008. (Lloyd, Donna)
May 6, 2008
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ORDER signed by JUDGE WILLIAM L. OSTEEN, JR., on 5/6/2008, adopting the Magistrate Judge's recommendation (Doc. 15); that Respondent's motion for summary judgment (Doc. No. 5) be GRANTED, that Petitioner's motion for summary judgment (Doc. No. 13) be DENIED, and that this action be dismissed with prejudice. A judgment dismissing this action will be entered contemporaneously with this order. Finding no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is not issued. (Lloyd, Donna)