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07-349 - Jones v. Warden Chillicothe Correctional Institution

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07-349 - Jones v. Warden Chillicothe Correctional Institution
January 28, 2008
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Elfin Jones: that petition bve DENIED; certificate of appealability SHOULD NOT ISSUE; and IFP SHOULD BE DENIED. Objections to R&R due by 2/11/2008. Signed by Magistrate Judge Timothy S. Black on 1/28/08. (Attachments: # (1) certified mail) (jl1, )
February 29, 2008
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ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations. Accordingly, Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 1 is DENIED with prejudice. A certificate of appealability will not issue with respect to the claims alleged in the petition because petitioner has failed to make a substantial showing of the denial of a constitutional right based on these claims. The Court certifies pursuant to 28 U.S.C. § 1915 (a)(3) that an appeal of any Order adopting the Report and Recommendation will not be taken in "good faith" and, therefore DENIES petitioner leave to proceed on appeal in forma pauperis upon showing of financial necessity. (scot1, )