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07-3485 - Johnson v. Bobby

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07-3485 - Johnson v. Bobby
July 30, 2008
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Report and Recommended Decision. It is recommended that the petition be dismissed without further proceedings. Objections to R&R due by 8/13/2008. Signed by Magistrate Judge David S. Perelman on 7/30/08. (W,Jo)
September 30, 2008
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Memorandum of Opinion and Order: The Magistrate Judge found petitioner's second through sixth grounds for relief subject to dismissal as procedurally barred. He further determined that the remaining claims fail on the merits. This Court has reviewed the Report and Recommendation and has found no clear error. Accordingly, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the Petition for Writ of Habeas Corpus is denied. For the reasons stated in the Report and Recommendation, the Court does not find that petitioner has satisfied this showing. Accordingly, the Court declines to issue a certificate of appealability. Judge Patricia A. Gaughan on 9/29/08. (LC,S) re 10