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07-1990 - MALAVE v. BROOKS et al


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07-1990 - MALAVE v. BROOKS et al
February 22, 2008
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ORDER THAT LUIS MALAVE'S OBJECTION TO MOTION TO DISMISS FILED 2/21/2008, WHICH WE TREAT AS OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, IS HEREBY DENIED. THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE AND DISMISSED WITHOUT AN EVIDENTIARY HEARING. PETITIONER'S MOTION TO WITHDRAW PETITION FOR WRIT OF HABEAS CORPUS IS DENIED. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE ROBERT F. KELLY ON 2/22/2008. 2/25/2008 ENTERED AND COPIES MAILED, E-MAILED.(ap, )