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05-2692 - Nunez v. Phillips

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05-2692 - Nunez v. Phillips
July 3, 2008
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MEMORANDUM AND ORDER: The application for relief is denied and the petition dismissed. Because petitioner has not "made a substantial showing of the denial of a constitutional right," a certificate of appealability shall not issue. In addition, this Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal would not be taken in good faith. The Clerk of the Court is directed to close the case. Ordered by Chief Judge Raymond J. Dearie on 7/2/2008. C/M. (Fwd'd for judgment) (Brucella, Michelle)