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06-2937 - Braithwaite v. Eberlin


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06-2937 - Braithwaite v. Eberlin
March 14, 2008
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Report and Recommendation that petitioner 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 proceedings. The record discloses no error resulting in denial of fundamental fairness or cause to hesitate due to the probability of actual innocence. There has been no demonstrated need for an evidentiary hearing. It is recommended that this application for habeas corpus be denied. Objections to R&R due by 3/28/2008. Signed by Magistrate Judge James S. Gallas on 3/14/2008. (W,G)
July 22, 2008
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Memorandum of Opinion and Order: This matter is before the Court upon the Report and Recommendation of Magistrate Judge Gallas (Doc. 14) which recommends denial of the Petition for Writ of Habeas Corpus pending before the Court. The Report and Recommendation is ACCEPTED. Furthermore, the Court declines to issue a certificate of appealability. Judge Patricia A. Gaughan on 7/21/08. (LC,S)