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05-327 - Auguste v. Conway


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05-327 - Auguste v. Conway
November 25, 2008
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REPORT AND RECOMMENDATION: Accordingly, it is recommended that the instant petition seeking a writ of habeas corpus under 28 U.S.C. § 2254 should be denied. Because petitioner has not made a substantial showing of the denial of any constitutional right, it is recommended that no certificate of appealability should be issued. It is further recommended that the Court certify pursuant to 28 U.S.C. § 1915(a) that any appeal from a judgment denying this petition would not be taken in good faith. The parties shall have 10 days from service of this Report to file written objections. So Ordered. (Ordered by Magistrate Judge Lois Bloom on 11/24/2008) C/mailed. Objections to R&R due by 12/15/2008. (Latka-Mucha, Wieslawa)