Cooley v. Estep, et al

Filing 88

ORDER ACCEPTED 83 Report and Recommendations of United States Magistrate Judge. Plaintiffs Application for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 3 , filed September 11, 2003, is DENIED. IT IS FURTHER ORDERED that this case is hereby DISMISSED WITH PREJUDICE. by Judge Christine M. Arguello on 7/13/09.(erv, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 03-cv-01761-CMA-BNB KINSHASA COOLEY, Plaintiff, v. AL ESTEP, Warden, and KEN SALAZAR, Attorney General of the State of Colorado, Defendants. ORDER ADOPTING AND AFFIRMING DECEMBER 5, 2008 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This matter is before the Court on the recommendations by the Magistrate Judge that Plaintiff's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 be denied. Plaintiff has objected to these recommendations. In light of the objections, the Court has conducted the requisite de novo review of the issues, the recommendations and Plaintiff's objections. Based on this review, the Court has concluded that the Magistrate Judge's thorough and comprehensive analyses and recommendations are correct. Accordingly, IT IS ORDERED that the December 5, 2008 Recommendation of United States Magistrate Judge (Doc. # 83) is ACCEPTED and, for the reasons cited therein, Plaintiff's Application for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 (Doc. # 3, filed September 11, 2003) is DENIED. IT IS FURTHER ORDERED that this case is hereby DISMISSED WITH PREJUDICE. DATED: July 13 , 2009 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge 2

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