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07-1197 - SAID v. DONATE et al


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07-1197 - SAID v. DONATE et al
December 15, 2008
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ORDER THAT THE AMENDED REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE HENRY S. PERKIN DATED 11/14/08 IS APROVED AND ADOPTED. THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE HENRY S. PERKIN DATED 8/30/08 IS REJECTED. PETITIONER'S MOTION TO AMEND HABEAS CORPUS PETITION IS DENIED. THE HABEAS CORPUS PETITION FILED UNDER 28 U.S.C. SEC. 2254 BY PETITIONER MAZEN FATHI SAID IS DISMISSED WITHOUT AN EVIDENTIARY HEARING AND A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE BECAUSE REASONABLE JURISTS WOULD NOT DEBATE WHETHER THE PETITION STATES A CALIM CLAIM OF THE DENIAL OF A CONSTITUTIONAL RIGHT. SIGNED BY HONORABLE JAN E. DUBOIS ON 12/15/08. 12/15/08 ENTERED AND COPIES TO MAILED TO PRO SE PETITIONER AND FAXED FROM CHAMBERS. (jpd)