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16-479 - Setty v. Warden, Lebanon Correctional Insititution


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16-479 - Setty v. Warden, Lebanon Correctional Insititution
February 2, 2017
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REPORT AND RECOMMENDATIONS re 8 Respondent's Motion to Dismiss Habeas Petition. IT IS RECOMMENDED that: (1) Respondent's motion to dismiss 8 be GRANTED and Petitioner's petition for writ of habeas corpus be DISMISSED with prejudice; (2) a certificate of appealability should not issue with respect to the claims alleged in the petition; and (3) that an appeal of any Order adopting this Report and Recommendation would not be taken in "good faith," and therefore DENY petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Objections to R&R due by 2/16/2017. Signed by Magistrate Judge Stephanie K. Bowman on 2/2/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 18, 2017
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ORDER adopting Report and Recommendation re 11 Report and Recommendation granting 8 Motion to Dismiss. Signed by Judge Michael R. Barrett on 4/18/17. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)