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08-129 - Garrett v. Quarterman


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08-129 - Garrett v. Quarterman
March 5, 2008
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on case: That the Court DISMISS the instant action without prejudice pending review by a three-judge panel of the Fifth Circuit Court of Appeals. Magistrate Judge Irma C Ramirez no longer assigned to case. (Signed by Magistrate Judge Irma C Ramirez on 3/5/08) (caw). Modified on 4/18/2008 (twd).
May 22, 2008
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ORDER ACCEPTING 6 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The court is without jurisdiction to entertain this matter and therefore dismisses Petitioner's habeas petition. This dismissal is without prejudice to Plaintiff's right to file a motion for leave to file a second or successive section 2254 petition in the United States Court of Appeals for the Fifth Circuit. (Signed by Judge Sam A Lindsay on 5/22/2008) (twd)
July 28, 2008
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RECOMMENDATION REGARDING CERTIFICATE OF APPEALABILITY: The party appealing should be GRANTED in forma pauperis status on appeal. A Certificate of Appealability should be DENIED. (See Order for specifics.) (Signed by Magistrate Judge Irma C Ramirez on 7/28/2008) (twd)
July 29, 2008
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ORDER OF THE COURT ON RECOMMENDATION REGARDING CERTIFICATE OF APPEALABILITY: The party appealing is GRANTED in forma pauperis status on appeal. A Certificate of Appealability is DENIED. (See Order for specifics.) (Signed by Judge Sam A Lindsay on 7/29/2008) (twd)