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08-002 - Taher v. Warden, Lebanon Correctional Institution

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08-002 - Taher v. Warden, Lebanon Correctional Institution
September 19, 2008
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REPORT AND RECOMMENDATION that respondent's 9 MOTION to Dismiss be Granted, and petitioner's 1 Petition for Writ of Habeas Corpus be Dismissed without prejudice. A certificate of appealability should not issue. Any appeal of this matter would not be taken in good faith, and therefore Deny petitioner leave to appeal in forma pauperis. Objections to R&R due by 10/6/2008. Signed by Magistrate Judge Timothy S Hogan on 9/18/2008. (art, )
November 17, 2008
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ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 13 Report and Recommendations. Accordingly, Petitioner's motion to hold in abeyance (Doc.#10) is Denied. Respondent's 9 Motion to Dismiss is GRANTED and petitioner's petition for writ of habeas corpus is dismissed without prejudice. (wam1, ) Modified docket text on 11/18/2008 (scot1, ).