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07-3240 - Howard v. Wilson

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07-3240 - Howard v. Wilson
October 8, 2008
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Report and Recommendation that petitioner's 1 Petition for Writ of Habeas Corpus (2254) be granted in part and denied in part. Signed by Magistrate Judge Greg White on 10/8/2008. (S,S)
November 4, 2008
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Memorandum Opinion and Order. The Report and Recommendation (Document #12) is ADOPTED IN PART and MODIFIED IN PART by this court and the Petitioner's petition for Habeas Corpus pursuant to 28 U.S.C. 2254 filed on 3/30/07(Document #1) is CONDITIONALLY GRANTED IN PART and DENIED IN PART. 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 there is no basis upon which to issue a certificate of appealability. 28 U.S.C. 2253(c);Fed.R.App.P. 22(b). Judge Donald C. Nugent on 11/4/08. (E,P)