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16-509 - Peterson v. Miller

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16-509 - Peterson v. Miller
December 7, 2017
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Report and Recommendation that petitioner's 1 Petition for Writ of Habeas Corpus (2254) be dismissed. Signed by Magistrate Judge Jonathan D. Greenberg on 12/7/2017. (S,S)
January 16, 2018
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Memorandum of Opinion and Order: This matter is before the Court upon the Report and Recommendation of Magistrate Judge Jonathan D. Greenberg (Doc. 17), which recommends dismissal of the Petition for Writ of Habeas Corpus pending before the Court. This Court, having reviewed the Report and Recommendation and finding no clear error, accepts the Magistrate Judge's Report and Recommendation. In accordance with that recommendation, the Court hereby denies the Petition for Writ of Habeas Corpus for the reasons stated by the Magistrate Judge in the Report and Recommendation, which is incorporated herein by reference. Furthermore, 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 1/16/18. (LC,S)