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08-1631 - Prieto v. Warden, Lake Erie Corr.Inst.


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08-1631 - Prieto v. Warden, Lake Erie Corr.Inst.
August 4, 2009
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Report and Recommendation that grounds one and two be denied and that ground three be dismissed or, in the alternative, denied (Related Doc # 1). Objections to R&R due by 8/18/2009. Referral Terminated (Related Doc # 3). Signed by Magistrate Judge William H. Baughman, Jr on 08/04/2009. (Hard copy mailed to Leo Prieto on 08/04/2009.) (G,GS)
April 1, 2010
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Memorandum Opinion: Prieto's objections to the Magistrate Judge's Report and Recommendation are overruled. The Magistrate Judge's Report and Recommendation (Doc. No. 9) is accepted, and the petition for a writ of habeas corpus (Doc. No. 1) is denied. This Court hereby certifies, pursuant to 28 U.S.C. Section 1915(a)(3), that an appeal from the decision would be frivolous and 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. Section 2253(c); FED. R. APP. P. 22(b). This action is dismissed. Judge Sara Lioi on 4/1/2010. (P,J)