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07-983 - Smith v. Warden Southern Ohio Correctional Facility

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07-983 - Smith v. Warden Southern Ohio Correctional Facility
August 28, 2008
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REPORT AND RECOMMENDATION that respondent's 8 MOTION to Dismiss be Granted ; that petitioner's 5 MOTION for Summary be Denied, and that petitioner's 1 petition for writ of habeas corpus be Dismissed with prejudice. A certificate of appealability should not issue, and therefore any appeal of this matter would not be taken in good faith and therefore Deny petitioner leave to proceed in forma pauperis on appeal of this matter. Objections to R&R due by 9/15/2008. Signed by Magistrate Judge Timothy S Hogan on 8/28/2008. (art, )
November 17, 2008
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ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 10 Report and Recommendations. Accordingly, respondent's 8 Motion to Dismiss is GRANTED. Petitioner's 5 Motion for Summary Judgment is DENIED. (wam1, ) Modified docket text on 11/18/2008 (scot1, ).