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06-862 - Benning v. Warden, Lebanon Correctional Institution


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06-862 - Benning v. Warden, Lebanon Correctional Institution
December 19, 2007
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus, filed by Derrick Benning - IT IS RESPECTFULLY RECOMMENDED that the Petition herein be dismissed with prejudice.Objections to R&R due by 1/8/2008. Signed by Judge Michael R Merz on 12/19/07. (dp1 )
February 6, 2008
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ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations. It is therefore ORDERED that the Petition herein is DISMISSED WITH PREJUDICE. (scot1, )
February 15, 2008
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ORDER GRANTING LEAVE TO APPEAL IN FORMA PAUPERIS; REPORT AND RECOMMENDATIONS re 16 MOTION for Certificate of Appealability filed by Derrick Benning - Petitioner should be granted a certificate of appealability as to his claims that it was ineffective assistance of appellate counsel to fail to raise a Blakely claim on direct appeal and failure to claim ineffective assistance of trial counsel for trial counsel's failure to make a Blakely claim in the trial court. In all other respects, IT IS RECOMMENDED that the Application for Certificate of Appealability be denied. Objections to R&R due by 3/6/2008. Signed by Magistrate Judge Michael R Merz on 2/15/08. (dp1 )
March 5, 2008
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ty is DENIED. (mg1, )ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 17 Report and Recommendations. Accordingly, Petitioner is GRANTED a certificate of appealability as to his claims that it was ineffective assistance of appellate counsel to fail to raise a Blakely claim on direct appeal and failure to claim ineffective assistance of trial counsel for trial counsel's failure to make a Blakely claim in the trial court. In all other respects, the Application for Certificate of Appealabili