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04-1860 - Miller v. Anderson


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04-1860 - Miller v. Anderson
February 28, 2006
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Memorandum of Opinion and Order: For the reasons set forth herein and for the reasons set forth in the Magistrate Judge's Report and Recommendation, the Petition for Writ of Habeas Corpus is denied. Further, this Court hereby fully incorporates the Report and Recommendation by reference herein. This Court finds no basis upon which to issue a certificate of appealability. Signed by Judge Patricia A. Gaughan on 2/27/06. (L-C, S)
February 28, 2006
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Judgment Entry: This Court, having issued its Memorandum of Opinion and Order ACCEPTING the Report and Recommendation of Magistrate Judge Limbert (Doc. 23), hereby denies the Petition for Writ of Habeas Corpus. Further, the Court certifies, pursuant to 28 U.S.C. Section 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. Section 2253(c); Fed. R.App.P. 22(b). Signed by Judge Patricia A. Gaughan on 2/27/06. (Related Doc. 25) (L-C, S)