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09-1323 - Clagg v. Smith

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09-1323 - Clagg v. Smith
February 22, 2010
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Report and Recommendation that the Motion to dismiss 7 be granted. Ojections to R&R due by 3/8/2010. Signe by Magistrate Judge Kenneth S. McHargh on 2/22/10. (R,N)
April 9, 2010
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Opinion and Order signed by Judge James S. Gwin on 4/9/10 adopting the Report and Recommendation of the Magistrate Judge. The Court denies Petitioner Clagg's Sec. 2254 petition, certifies that an appeal could not be taken in good faith and no basis exists upon which to issue a certificate of appealability. (Related Docs. 1, 8) (M,G) Modified text, NEF regenerated on 4/12/2010 (M,TL).