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04-496 - Peek v. Turner


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04-496 - Peek v. Turner
September 5, 2008
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MEMORANDUM OPINION to be set forth more fully in the following Order. Signed by District Judge Thomas W Phillips on September 5, 2008. (copy mailed to Mr. Peek) (AYB)
September 5, 2008
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ORDER denying the petition for the writ of habeas corpus and DISMISSING CASE. Should the petitioner give timely notice of an appeal from this decision, such notice will be treated as an application for a certificate of appealability, which under the circumstances is denied. The Court certifies that any appeal from this action would not be taken in good faith and would be totally frivolous. The Court further denies the petitioner leave to proceed in forma pauperis on appeal. Signed by District Judge Thomas W Phillips on September 5, 2008. (copy mailed to Mr. Peek) (AYB)