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05-4767 - RIVERA v. GOOD et al


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05-4767 - RIVERA v. GOOD et al
March 26, 2008
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MEMORANDUM AND ORDER THAT UPON CONSIDERATION OF PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1), MEMORANDUM OF LAW (DOC. NO. 16), REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE CHARLES B. SMITH DATED 6/13/07, RESPONDENT'S OBJECTIONS (DOC. NO. 21), IT IS ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED IN PART AND REJECTED IN PART AS FOLLOWS: THE INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL IS REJECTED. THE PETITION IS CONDITIONALLY GRANTED IN PART. PETITIONER'S SENTENCING CLAIM AND INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL ARE DISMISSED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE JAN E. DUBOIS ON 3/25/08. 3/26/08 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(gs)