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06-867 - Carr v. Warden, Lebanon Correctional Institution


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06-867 - Carr v. Warden, Lebanon Correctional Institution
April 23, 2008
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by James M. Carr - IT IS RECOMMENDED that since all grounds for relief in the petition were procedurally defaulted in the state courts and Petitioner has not shown excusing cause, the Petition should be dismissed with prejudice. Objections to R&R due by 5/12/2008. Signed by Magistrate Judge Michael R Merz on 4/23/08. (dp1 )
May 13, 2008
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS that the Petitioner's objections are without merit and it is again respectfully recommended that the Petition be dismissed with prejudice. Objections to R&R due by 6/2/2008. Signed by Magistrate Judge Michael R Merz on 5/13/2008. (gh1, )
October 2, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS re 19 Report and Recommendations, 22 Supplemental Report and Recommendations. The Court DENIES WITH PREJUDICE Petitioner's Petition for Writ of Habeas Corpus. However, the Court FINDS that a certificate of appealability should issue with respect to grounds one and two of the petition, and CERTIFIES that an appeal of this Order as to these grounds would be taken in good faith. The Court GRANTS Petitioner leave to proceed on appeal in forma pauperis upon a showing of financial necessity. Signed by Judge S Arthur Spiegel on 10/2/2008. (km1, ) (Additional attachment(s) added on 10/3/2008: # (1) Certified Mail Receipt) (km1, ).