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07-4839 - HART v. COUNTY OF DELAWARE et al


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07-4839 - HART v. COUNTY OF DELAWARE et al
March 27, 2008
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REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS REGARDING JOHN A. HART'S PETITION FOR WRIT OF HABEAS CORPUS. IT IS RECOMMENDED THAT PETITIONER'S CLAIMS BE DISMISSED. OBJECTIONS TO R&R DUE BY 4/17/2008. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 3/27/08. 3/28/08 ENTERED AND COPIES MAILED, E-MAILED.(gs) Modified on 10/20/2008 (gs, ).
April 24, 2008
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ORDER THAT UPON CONSIDERATION OF THE PETITION FOR WRIT OF HABEAS CORPUS, THE ANSWER THERETO, IT IS ORDERED THAT THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS IS APPROVED AND ADOPTED. THE PETITION IS DISMISSED. A CERTIFICATE OF APPEALABILITY IS DENIED. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 4/23/08. 4/24/08 ENTERED AND COPIES MAILED.(gs)
October 17, 2008
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MEMORANDUM AND ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. PETITIONER'S OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE OVERRULED. THE PETITION FOR A WRIT OF HABEAS CORPUS IS DENIED. A CERTIFICATE OF APPEALABILITY IS DENIED. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 10/16/08. 10/20/08 ENTERED AND COPIES MAILED TO PRO SE AND COUNSEL.(gs)
December 3, 2008
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MEMORANDUM AND ORDER THAT THE PETITION FOR RECONSIDERATION IS GRANTED. THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. PETITIONER'S OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE OVERRULED. THE PETITION FOR WRIT OF HABEAS CORPUS CORPUS UNDER 28 U.S.C. SEC. 2254 IS DENIED. BECAUSE PETITIONER HAS FAILED TO MAKE A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT, THERE IS NO BASIS FOR ISSUING A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 12/3/08. 12/4/08 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND COUNSEL. (jpd)