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14-1702 - Smith v. Lazaroff


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14-1702 - Smith v. Lazaroff
December 23, 2015
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Report and Recommendation that Petitioner's Habeas 1 Petition be DISMISSED because he has procedurally defaulted both his grounds for relief. Objections to R&R due by 1/6/2016. Magistrate Judge Kathleen B. Burke on 12/23/2015. (P,G)
January 13, 2016
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. Sections 1915(a)(3), 2253(c); Fed. R. App. P. 22(b). (Related Doc # 14). Judge Sara Lioi on 1/13/2016. (P,J) Modified text on 1/22/2016 (P,J).VACATED 1/22/2016: Memorandum Opinion: The Court has reviewed the Magistrate Judge's report and recommendation, which concludes that petitioner's two grounds are both procedurally defaulted, and accepts the same. Accordingly, the petition for writ of habeas corpus is denied and the case dismissed. Further, the Court certifies 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
February 29, 2016
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3), 2253(c); Fed. R. App. P. 22(b). (Related Doc # 14). Judge Sara Lioi on 2/29/2016. (P,J)Memorandum Opinion: The Court has reviewed the Magistrate Judge's report and recommendation, which concludes that petitioner's two grounds are both procedurally defaulted, and accepts the same. Accordingly, the petition for writ of habeas corpus is denied and the case dismissed. Further, the Court certifies 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. Sections 1915(a)(