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07-395 - PHILLIPS v. FOLINO et al


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07-395 - PHILLIPS v. FOLINO et al
July 17, 2007
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REPORT AND RECOMMENDATIONS THAT PETITIONER'S CLAIMS BE DISMISSED WITHOUT AN EVIDENTIARY HEARING. PETITIONER HAS NEITHER DEMONSTRATED THAT ANY REASONABLE JURIST COULD FIND THIS COURT'S PROCEDURAL RULING DEBATABLE NOR SHOWN DENIAL OF ANY CONSTITUTIONAL RIGHT; HENCE, THERE IS NO PROBALBE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. OBJECTIONS TO R&R DUE BY 8/7/2007. SIGNED BY JUDGE CAROL SANDRA MOORE WELLS ON 7/16/07. 7/18/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(lvj, )
February 4, 2008
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ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PETITIONER'S OBJECTIONS TO THE REPORT AND RE COMMENDATION ARE OVERRULED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED WITH PREJUDICE; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 2/4/08. 2/5/08 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(lvj, )