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06-301 - Ward v. Warden, Lebanon Correctional Institution

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06-301 - Ward v. Warden, Lebanon Correctional Institution
August 15, 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 not issue. Any appeal of this matter would not be taken in good faith, and therefore Deny petitioner leave to proceed on appeal in forma pauperis. Objections to R&R due by 8/29/2007. Signed by Magistrate Judge Timothy S Hogan on 8/15/2007. (art, ) Additional attachment(s) added on 8/29/2007 (scot1, ).
April 30, 2008
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ORDER ADOPTING in part and DENYING in part 9 REPORT AND RECOMMENDATIONS. The Court AFFIRMS and ADOPTS the Magistrate Judge's R&R in part to the extent that the Court DENIES with prejudice Petitioner's Writ of Habeas Corpus pursuant to 28 USC 2254 and DECLINES to issue a certificate of appealability with respect to Ground One of the Petition, because Petitioner has failed to make a substantial showing of the denial of a constitutional right based on this claim. However, the Court REJECTS the Magistrate Judge's Recommendations that a certificate of appealability should issue with regard to Ground Two of the Petition, because jurists of reason would find it debatable 1) whether Petitioner preserved his claim concerning consecutive sentences for collateral review, and 2) whether such claim is premised on a valid constitutional claim. The Court GRANTS Petitioner leave to proceed on appeal in forma pauperis upon showing of financial necessity. Signed by Judge S Arthur Spiegel on 4/29/08. (mr1, ) Modified to clarify text on 4/30/2008 (mr1, ). (Additional attachment(s) added on 4/30/2008: # (1) Certified Mail Receipt) (mr1, ).