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15-017 - Coley v. O'Brien

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15-017 - Coley v. O'Brien
October 14, 2015
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REPORT AND RECOMMENDATIONS : The undersigned recommends that the 1 Petition for Writ of Habeas Corpus be DENIED and DISMISSED with prejudice and recommends that the 2 MOTION for Leave to File Excess Pages be granted. Within 14 days after being served with a copy of this Report and Recommendation or by 10/28/2015 any party may file with the Clerk of the Court, written objections Signed by Magistrate Judge James E. Seibert on 10/14/15. (Attachments: # (1) Certified Mail Return Receipt)(jss) Modified on 10/15/2015 to correct typo in docket text (kd).
January 28, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION IN PART: The magistrate judge's Report and recommendation 10 is ORDERED adopted in part. Petitioner's Objection 12 I overruled. Petitioner's Writ of Habeas Corpus 1 is denied and dismissed with prejudice. The motion for leave to file excess pages 2 is denied. This case is ordered stricken from the action docket and the Clerk is directed to enter judgment in favor of the respondent. This Court denied petitioner a certificate of appealability. Signed by District Judge John Preston Bailey on 1/28/16. (Attachments: # (1) Certified Mail Return Receipt)(jss)