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06-713 - Rezos v. Warden, Mansfield Correctional Institution


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06-713 - Rezos v. Warden, Mansfield Correctional Institution
November 14, 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 appeal in forma pauperis. Objections to R&R due by 11/29/2007. Signed by Magistrate Judge Timothy S Hogan on 11/14/2007. (art, )
May 28, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATION re 7 Report and Recommendation, denying with prejudice Petitioner's Petition for Writ of Habeas Corpus pursuant to 28:2254. The Court DECLINES to issue a certificate of appealability with respect to the claim alleged in ground three of the Petition, which the Court has concluded is barred from review on procedural waiver grounds. The Court further DECLINES to issue a certificate of appealability with respect to the remaining claims alleged in grounds one and two of the Petition, because Petitioner has failed to make a showing of the denial of a constitutional right based on such claims. The Court certifies that an appeal of this Order would not be taken in "good faith" and therefore DENIES Petitioner leave to appeal in forma pauperis. Signed by Judge S Arthur Spiegel on 5/27/2008. (km1, ) (Additional attachment(s) added on 5/28/2008: # (1) Certified Mail Receipt) (km1, ).