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07-828 - WILLIAMS v. SMITH et al


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07-828 - WILLIAMS v. SMITH et al
August 1, 2008
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MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF MAGISTRATE JUDGE ELIASON, ordering that Petitioner's motion to strike Respondents' answer (Docket No. 11), Petitioner's request for a transcript of the state court proceedings where he allegedly waived his right to counsel at resentencing (Docket No. 12), Petitioner's motion to expand the record (Docket No. 13), Petitioner's motion to stay execution of the state court sentence (Docket No. 14), Petitioner's motion for default judgment (Docket No. 15), Petitioner's motion for matters to be put to rest (Docket No. 17), and Petitioner's motion to change venue (Docket No. 18) are all denied, recommending that Respondents' motion to dismiss (Docket No. 5) be granted, that Respondents' alternative motion for summary judgment (Docket No. 8) be denied for being moot, that the habeas petition (Docket No. 2) be dismissed, and that Judgment be entered dismissing this action. Signed by MAG/JUDGE RUSSELL A. ELIASON on 08/01/08. (Law, Trina)
October 22, 2008
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is DISMISSED, that this action is DISMISSED, and that finding neither a substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is denied. (Lloyd, Donna)ORDER signed by JUDGE THOMAS D. SCHROEDER on 10/22/2008; that Respondents' motion to dismiss (Doc. 5) is GRANTED, that Respondents' alternative motion for summary judgment (Doc. 8) is DENIED as moot, that the habeas petition (Doc. 2)