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16-992 - Parks v. Warden, Correctional Industries Facility


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16-992 - Parks v. Warden, Correctional Industries Facility
October 17, 2016
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REPORT AND RECOMMENDATION that the petitioner's petition for writ of habeas corpus pursuant to 28 USC 2254 be Dismissed with prejudice on the ground that this Court lacks jurisdiction to consider it. A certificate of appealability should not issue in this matter. Any appeal of this matter would not be taken in good faith, and therefore should Deny petitioner leave to appeal in forma pauperis. Objections to R&R due by 11/3/2016. Signed by Magistrate Judge Karen L. Litkovitz on 10/17/2016. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 2, 2016
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JUDGMENT signed by Judge William O. Bertelsman on 12/2/16. IT IS ORDERED that the Report and Recommendation (Doc. 2) be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; that petitioners Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 1-1), is DISMISSED with prejudice on the grounds that this Court lacks jurisdiction to consider it. Any application by petitioner to proceed on appeal in forma pauperis of this judgment would be not be taken in good faith, and therefore, would be DENIED upon a showing of financial necessity. Petitioners motion for leave to proceed in forma pauperis (Doc. 1) be, and hereby is, DENIED AS MOOT. Case Terminated. (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)