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07-748 - Spurling v. Warden, Dayton Correctional Institution


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07-748 - Spurling v. Warden, Dayton Correctional Institution
March 19, 2008
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by LeDon Spurling: that petitioner's motion for summary judgmnet be DENIED, and the writ be DENIED with prejudice; certificate of appealability SHOULD NOT ISSUE with respect to the claims alleged in Grounds 3-7; certificate of appealability also SHOULD NOT ISSUE with respect to claims 1 and 2; and IFP should BE DENIED. Objections to R&R due by 4/2/2008. Signed by Magistrate Judge Timothy S. Black on 3/18/08. (Attachments: # (1) cert) (jl1, )
April 11, 2008
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ORDER denying 8 Motion for Summary Judgment; adopting Report and Recommendation re 13. A certificate of appealability will not issue. Any appeal of this order would not be taken in good faith. Petr. is denied leave to appeal IFP. Signed by Chief Judge Sandra S Beckwith on 4/11/08. (mb)