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08-044 - German v. Warden, Warren Correctional Institution

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08-044 - German v. Warden, Warren Correctional Institution
April 7, 2008
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Ben German: that petition be DISMISSED WITHOUT PREJUDICE; certificate of appealability SHOULD NOT ISSUE; and IFP be DENIED. Objections to R&R due by 4/21/2008. Signed by Magistrate Judge Timothy S. Black on 4/7/08. (Attachments: # (1) cert) (jl1, )
May 7, 2008
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ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 7 Report and Recommendations. Accordingly, the instant case is DISMISSED without prejudice to petitioner's refiling a habeas corpus petition that complies with this opinion. The Court certifies that an appeal of this Report and Recommendation would not be taken in good faith and therefore, DENIES petitioner leave to appeal in forma pauperis upon showing of financial necessity. (mg1, )