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17-1487 - Gilmore v. Clipper

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17-1487 - Gilmore v. Clipper
January 18, 2018
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Report and Recommendation: The Court recommends the Petition (Doc. 1) and Petitioners motion for summary judgment (Doc. 2) be denied. Magistrate Judge James R. Knepp, II on 1/18/2018. (D,TM)
March 12, 2018
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Memorandum of Opinion and Order: This matter is before the Court upon the Report and Recommendation of Magistrate Judge James R. Knepp, II (Doc. 11), which recommends denial and dismissal of the Petition for Writ of Habeas Corpus (Doc. 1) and Motion for Summary Judgment (Doc. 2) 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. The Court hereby denies the Petition for Writ of Habeas Corpus and the Motion for Summary Judgment 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 3/12/18. (LC,S)