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06-1930 - Ilyayev v. Kelly


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06-1930 - Ilyayev v. Kelly
February 7, 2008
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Memorandum of Opinion . For the following reasons, the Court ACCEPTS and ADOPTS the Magistrate Judge's Report and Recommendation and denies Petitioners' petition, re 1 Petition for Writ of Habeas Corpus (2254) filed by Oleg Ilyayev. Signed by Judge Christopher A. Boyko on 02/07/08. (M,M)
February 7, 2008
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Judgment Entry. Petitioner's Petition under 28 USC 2254 for Writ of Habeas Corpus by a Person in State Custody is dismissed. The Court finds an appeal from this decision could not be taken in good faith. 28 USC 1915(a)(3). Since Petitioner has not made a substantial showing of a denial of a constitutional right directly related to his conviction or custody, the Court declines to issue a certificate of appealability. 28 USC 2253(c)(2); Fed.R.App.22(b), re 19 Memorandum of Opinion. Signed by Judge Christopher A. Boyko on 02/07/08. (M,M)