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08-965 - MILLER v. NISH et al


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08-965 - MILLER v. NISH et al
June 17, 2008
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REPORT AND RECOMMENDATIONS THAT THE COURT RESPECTFULLY RECOMMENDS THAT THE PETITION FOR A WRIT OF HABEAS CORPUS BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO EXHAUST STATE COURT REMEDIES AND THAT NO CERTIFICATE OF APPEALABILITY BE GRANTED. THE PETITIONER MAY FILE OBJECTIONS TO THIS REPORT AND RECOMMENDAITON. FAILURE TO FILE TIMELY OBJECTIONS MAY CONSTITUTE A WAIVER OF ANY APPELLATE RIGHTS. OBJECTIONS TO R&R DUE BY 7/9/2008. SIGNED BY MAGISTRATE JUDGE THOMAS J. RUETER ON 6/17/08. 6/18/08 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(lvj, )
July 22, 2008
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ORDER THAT THE REPORT AND RECOMMENDATIONS IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE, ETC. THE MOTION FOR APPOINTMENT OF COUNSEL IS DENIED; AND A CERTIFICATE OF APPEALABILITY IS NOT GRANTED.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/22/08. 7/22/08 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(lvj, )