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15-317 - ALLEN v. ECKARD, et al


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15-317 - ALLEN v. ECKARD, et al
October 19, 2017
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REPORT AND RECOMMENDATION re 2 Petition for Writ of Habeas Corpus filed by BRICE H. ALLEN. It is respectfully recommended that the petition be dismissed and that a certificate of appealability be denied. Any party is permitted to file written objections to this report and recommendation to the assigned United States District Judge. Respondents written objections are due by 11/3/2017. Petitioner's written objections are due by 11/7/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 10/19/2017. (bsc)
January 9, 2018
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MEMORANDUM OPINION indicating that after reviewing de novo the record in this case, and the pleadings and documents filed in this case, together with the R&R, Petitioner's objections, and Respondents' response, the Court is in agreement with the recommendation of the R&R and finds that Petitioner's objections do no undermine the recommendation of the Magistrate Judge. The Petition will be denied and an appropriate order will be entered. Signed by Judge Nora Barry Fischer on 1/9/18. (jg)
January 9, 2018
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ORDER indicating that for the reasons set forth in the accompanying memorandum opinion 23, the Petition for Writ of Habeas Corpus filed by petitioner, Brice H. Allen, is denied; that a Certificate of Appealability is denied; that the Report and Recommendation 15 is adopted as the opinion of the court; that the Clerk of Court mark this case closed; that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Judge Nora Barry Fischer on 1/9/18. (jg)