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15-2440 - Lenhart v. Evros

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15-2440 - Lenhart v. Evros
February 6, 2017
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Report and Recommendation recommending that petition for writ of habeas corpus be dismissed. Objections to R&R due by 2/20/2017. Magistrate Judge James R. Knepp, II on 2/6/17. 8 (A,P)
February 27, 2017
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Order Adopting as its own, Judge Knepp's Report and Recommendation 13. In the alternative, the court finds that, even upon de novo review, Magistrate Judge Knepps findings are well taken, and adopts as its own his R&R for the reasons stated in the R&R. Accordingly, the court hereby dismisses Lenharts § 2254 Petition (ECF No. 1) for procedural default and enters judgment for Respondent against Petitioner. The court certifies that, pursuant to 28 U.S.C. § 1915(a)(3), an appeal from this decision could not be taken in good faith, and that there is no basis on which to issue a certificate of appealability. Judge Solomon Oliver, Jr. 2/27/17(C,KA)