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05-1566 - Baker v. Bradshaw


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05-1566 - Baker v. Bradshaw
August 25, 2008
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Report and Recommendation that Respondent's arguments based on procedural default of Baker's claims in the state courts, and the applicable law, Baker has not demonstrated that he is in custody pursuant to a judgment of the state court which resulted in a decision that was contrary to or involved an unreasonable application of Federal law as determined by the Supreme Court of the United States or was the result of a decision based on an unreasonable interpretation of the facts in light of the evidence in the State court proceeding. Baker has not demonstrated any error resulting in denial of fundamental fairness or cause to hesitate due to the probability of actual innocence. Finally, there has been no demonstrated need for an evidentiary hearing, and it is recommended that Bakers petition for federal habeas corpus be denied. Objections to R&R due by 9/8/2008. Magistrate Judge James S. Gallas on 8/25/2008. (W,G)
September 16, 2008
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Opinion and Order signed by Judge James S. Gwin on 9/16/08 adopting the Report and Recommendation and denying the 28 USC Sec. 2254 petition by Jeffrey D. Baker. The Court certifies that an appeal from this decision could be taken in good faith, and issues a certificate of appealability as to: (i) whether the petitioner's claims are procedurally defaulted; and (ii) whether cause and prejudice has been shown with respect to the procedural default. (Related Docs. 1, 15) (M,G)