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07-3427 - Smith v. Wilson


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07-3427 - Smith v. Wilson
January 25, 2008
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Report and Recommendation: It is recommended that the Court find that petitioner's prior federal habeas corpus petition qualifies the current federal habeas corpus application as a "second or successive application;" further, should the Court agree that the petition is a second or successive petition, it is further recommended that the Court dismiss this matter rather than transfer it to the Sixth Circuit (Related document 5). Signed by Magistrate Judge George J. Limbert on 1/25/08. (S,AA)
April 15, 2008
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Order Adopting Report and Recommendation and Smith's petition for a writ of habeas corpus is dismissed re 6 Report and Recommendation. Signed by Judge Kathleen M. O'Malley on 4/15/08. (E,P) Modified text on 4/15/2008 (E,P).
April 15, 2008
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Judgment Entry that the court DENIES petitioner Willie Smith's petition for a writ of haebeas corpus. This case is, therefore, DISMISSED. The court further finds that there is no basis upon which to issue a certificate of appealability re 1 Petition for Writ of Habeas Corpus (2254) filed by Willie Smith, 5 Motion to dismiss case filed by Julius Wilson. Signed by Judge Kathleen M. O'Malley on 4/15/08. (E,P)