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08-245 - Whittsett v. Gansheimer


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08-245 - Whittsett v. Gansheimer
September 17, 2008
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Report and Recommended Decision. In light of the procedural default of all ten claims for relief presented in the petition, and petitioner having failed to satisfy his burden of demonstrating cause for the procedural default and actual prejudice deriving therefrom, these claims for relief are barred from consideration in habeas corpus, and, therefore, this court hereby recommends that they be dismissed. Objections to R&R due by 10/1/2008. Signed by Magistrate Judge David S. Perelman on 9/17/08. (W,Jo)
October 22, 2008
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Order Adopting Report and Recommendation (re 11) of Magistrate Judge Perelman. The court dismisses Whittsette's Petition for a Writ of Habeas Corpus (re 1) and enters final judgment in favor of Respondent. The court further certifies that, pursuant to 28 U.S.C. ยง1915(a)(3), 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. Signed by Judge Solomon Oliver, Jr on 10/22/2008. (D,M)