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05-817 - Browner v. Warden, Noble Correctional Institution


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05-817 - Browner v. Warden, Noble Correctional Institution
May 4, 2007
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REPORT AND RECOMMENDATION that petitioner's 1 Petition for Writ of Habeas Corpus be Denied with prejudice. A certificate of appealability should issue as to certain claims explained in this report and recommendation. An appeal of this matter would be taken in good faith and therefore Grant petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Objections to R&R due by 5/18/2007. Signed by Magistrate Judge Timothy S Hogan on 5/4/2007. (art, ) Additional attachment(s) added on 5/15/2007 (scot1, ).
April 30, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATION in its entirety re 8 Report and Recommendation. The Court denies with prejudice Petitioner's petition for a writ of habeas corpus 1. The Court DECLINES to issue a certificate of appealability with respect to Petitioner's ineffective assistance of appellate counsel claims alleged in ground three of the petition and with respect to the claims alleged in grounds four and five of the petition. However, the Court FINDS that a certificate of appealability should issue with respect to the procedurally defaulted Blakely claim alleged in ground two of the petition, as well as the non-defaulted ineffective assistance of appellate counsel claim alleged in ground three of the petition. The Court CERTIFIES that an appeal of this Order would be taken in "good faith," and so the Court GRANTS Petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Signed by Judge S Arthur Spiegel on 4/30/2008. (km1, ) (Additional attachment(s) added on 4/30/2008: # (1) Certified Mail Receipt) (km1, ).