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14-2710 - Howard v. Miller

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14-2710 - Howard v. Miller
January 13, 2016
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Report and Recommendation: Petitioner's motion for an evidentiary hearing is denied because limited access to the prison's law library is insufficient to establish cause to excuse his procedural default (Related document 18); further, it is recommended that the Court dismiss petitioner's Section 2254 federal habeas corpus petition with prejudice, and, consequently, deny petitioner's motion for summary judgment, and deny as moot petitioner's motion to strike respondent's briefs in opposition to his motion for evidentiary hearing and motion for summary judgment (Related documents 1, 19, and 23). Signed by Magistrate Judge George J. Limbert on 1/13/16. (S,AA)
March 16, 2016
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Order Adopting Report and Recommendation 26 of Magistrate Judge George J. Limbert, rules as follows: Petitioners motion for habeas corpus 15 is hereby denied; Petitioners Motion for Evidentiary Hearing 18 is denied as moot; Petitioners Motion for Summary Judgment 19 is denied; Petitioners Motion to Strike 23 is denied as moot (other related doc 27). Judge Donald C. Nugent 3/15/16 (C,KA)