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14-2604 - FOWLER v. PITKINS et al


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14-2604 - FOWLER v. PITKINS et al
October 28, 2015
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REPORT AND RECOMMENDATION THAT THE PETITION FOR WRIT OF HABEAS CORPUS BE DENIED. THERE HAS BEEN NO SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT REQUIRING THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 10/27/2015. (Attachments: # (1) Text of Proposed Order, # (2) R&R NOTICE)10/28/2015 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(amas)
January 7, 2016
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ORDER THAT MAGISTRATE JUDGE HEY'S REPORT AND RECOMMENDATION IS APPROVE AND ADOPTED. IT IS FURTHER ORDERED THAT PETITIONER'S PETITION UNDER 28 U.S.C. SECTION 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY IS DENIED WITHOUT AN EVIDENTIARY HEARING. IT IS FURTHER ORDERED THAT BECAUSE PETITIONER HAS NOT MET STATUTORY REQUIREMENTS TO HAVE HIS CASE HEARD, NO REASONABLE JURIST COULD FIND THIS PROCEDURAL RULING DEBATABLE OF A CONSTITUTIONAL RIGHT, A CERTIFICATE OF APPEALABILITY IS DENIED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS MATTER CLOSED FOR STATISTICAL PURPOSES, ETC. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 1/7/2016. 1/7/2016 ENTERED AND COPIES MAILED TO PETITIONER AND E-MAILED.(lbs, )