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09-441 - Gulley v. Hall

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09-441 - Gulley v. Hall
March 22, 2010
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Report and Recommendation finding that Grounds One, Two, Three, and Four are procedurally defaulted and that Gulley has failed to establish cause and prejudice or show that failure to consider those Grounds for Relief will result in a fundamental miscarriage of justice to excuse his procedural default. Additionally, for the reasons provided above, Ground One and part of Ground Three are not cognizable in this federal habeas corpus proceeding. Accordingly, the undersigned Magistrate Judge recommends denying Jesse Gulley's petition for a writ of habeas corpus and dismissing the petition in its entirety with prejudice, as the grounds are all procedurally defaulted and, in addition, Ground One and the first part of Ground Three are not cognizable. Magistrate Judge Benita Y. Pearson on 3/22/2010. (S,L)
April 9, 2010
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Order Adopting Report and Recommendation of Magistrate Judge dismissing Petitioner's Petition for Writ of Habeas Corpus. Furthermore, the Court certifies, pursuant to 28 USC 1915(a)(3) that an appeal from this decision could not be taken in good faith and that there is no basis upon which to issue a certificate of appealability. 28 USC 2253(c); Fed.R.App.P.22(b), Related 8 Report and Recommendation 1 Petition for Writ of Habeas Corpus (2254). Judge Christopher A. Boyko on 04/09/10. (M,M)