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13-7241 - BROWN v. WALSH et al


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13-7241 - BROWN v. WALSH et al
October 12, 2016
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ORDER THAT MAGISTRATE JUDGE HART'S REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED IN PART AND MODIFIED IN PART. IT IS FURTHER ORDERED THAT THE PETITION FOR HABEAS CORPUS RELIEF IS DENIED WITHOUT AN EVIDENTIARY HEARING. IT IS FURTHER ORDERED THAT BECAUSE PETITIONER HAS NOT MET STATUTORY REQUIREMENTS TO HAVE HIS CASE HEARD, AND NO REASONABLE JURIST COULD FIND THIS PROCEDURAL RULING DEBATABLE, AND BECAUSE PETITIONER FAILS TO DEMONSTRATE DENIAL OF A CONSTITUTIONAL RIGHT, A CERTIFICATE OF APPEALABILITY IS DENIED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS MATTER DISMISSED. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 10/11/16. 10/12/16 ENTERED AND COPIES MAILED TO PETITIONER, E-MAILED.(er, )