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09-890 - Kincaid v. Welch

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09-890 - Kincaid v. Welch
August 21, 2009
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S. Gallas on 8/21/2009. (W,G)Report and Recommendation that following review of the arguments raised in the petition and applicable law, petitioner has not demonstrated that he was in custody pursuant to state court judgment that resulted from a decision that was contrary to or involved in an unreasonable application of Federal law as determined by the Supreme Court of the United States, or an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. See 28 U.S.C. §2254(d)(1)and (2). Further, there has been no demonstrated need for an evidentiary hearing. The petition for habeas corpus relief under 28 U.S.C. §2254 should be denied and dismissed. Objections to R&R due by 9/4/2009. Magistrate Judge James
November 19, 2009
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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 dismissed as without merit. Further, this Court hereby fully incorporates the Report and Recommendation by reference herein. For the reasons stated above and in the Report and Recommendation, this Court finds no basis upon which to issue a certificate of appealablity., Judge Patricia A. Gaughan on 11/19/09. re 8 (LC,S)
January 14, 2010
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Memorandum Opinion and Order: Petitioner's Motion for a New Trial or to Alter and Amend Judgment is DENIED. Further, the Court certifies, pursuant to 28 U.S.C. § 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. § 2253(c); Fed. R. App. P. 22(b). Judge Patricia A. Gaughan on 1/14/10. (LC,S) re 14