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07-1121 - Smith v. Moore

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07-1121 - Smith v. Moore
July 30, 2008
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Report and Recommendation: It is recommended that the Court dismiss Grounds One and Two of petitioner's petition for a writ of habeas corpus, with prejudice, due to a lack of merit; further, it is recommended that the Court grant Ground Three of the petition, and remand petitioner's case for resentencing (Related document 1). Magistrate Judge George J. Limbert on 7/30/08. (S,AA) Modified on 11/23/2009 to create docket entry relationship (S,AA).
August 19, 2008
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Memorandum Opinion and Order adopting the 8 Report and Recommendation of the Magistrate Judge in part and rejecting in part. The petition is denied. As to grounds 1 and 2 the court certifies that an appeal from this decision may not be taken in good faith and there is no basis upon which to issue a certificate of appealability; As to ground 3, the court grants a certificate of appealability. Judge John R. Adams on 8/19/08. (K,C)