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13-393 - SMITH v. SHANAHAN

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13-393 - SMITH v. SHANAHAN
December 12, 2013
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RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 12/12/2013, that Petitioner's Motion for Summary Judgment in Support of His Habeas Corpus Petition (Docket Entry 8) be DENIED, Respondent's Motion for Summary Judgment (Docket Entry 5) be GRANTED, that the Petition (Docket Entry 1) be DISMISSED, and that Judgment be entered dismissing this action. (Lloyd, Donna)
February 11, 2014
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ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 2/11/2014 adopting the Magistrate Judge's recommendation 11; that Petitioner's motion for summary judgment in support of his habeas corpus petition (Doc. 8) is DENIED, that Respondent's motion for summary judgment (Doc. 5) is GRANTED, and that this action is 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. (Sheets, Jamie)