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06-355 - Heriot v Warden, Hocking Correctional Facilities


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06-355 - Heriot v Warden, Hocking Correctional Facilities
September 13, 2007
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by William A Heriot: that petition be DENIED; certificate of appealability SHOULD NOT ISSUE; and IFP SHOULD BE DENIED. Objections to R&R due by 9/27/2007. Signed by Judge Timothy S. Black on 9/13/07. (Attachments: # (1) cert mail) (jl1, ) Additional attachment(s) added on 9/19/2007 (scot1, ).
February 6, 2008
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ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 17 Report and Recommendations. Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2254 1 is DENIED with prejudice. A certificate of appealability will not issue with respect to Ground One of the petition. A certificate of appealability will not issue with respect to Grounds Two through Six of the petition. The Court certifies that an appeal of any Order will not be taken in "good faith" and, therefore, DENIES petitioner leave to proceed on appeal in forma pauperis upon a showing of financial necessity. (scot1, )