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06-557 - Weaver v. Warden, Lebanon Correctional Institution


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06-557 - Weaver v. Warden, Lebanon Correctional Institution
November 6, 2007
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REPORT AND RECOMMENDATION that petitioner's 3 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 appeal in forma pauperis. Objections to R&R due by 11/21/2007. Signed by Magistrate Judge Timothy S Hogan on 11/6/2007. (art, )
March 12, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATION in its entirety re 10 Report and Recommendation. The Court AFFIRMS the decision of the Magistrate Judge, and DENIES Petitioner's Petition for a Writ of a Writ of Habeas Corpus 3 with prejudice. The Court further DECLINES to issue a certificate of appealability and CERTIFIES that an appeal of this Order would not be taken in good faith, therefore denying Petitioner leave to appeal in forma pauperis. Signed by Judge S Arthur Spiegel on 3/11/2008. (km1, ) (Additional attachment(s) added on 3/12/2008: # (1) Certified Mail Receipt) (km1, ).